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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
KARDAK ETE
Hano Moda, Son of Shri Hano Talang – Appellant
Versus
State of AP and represented by the Principal Secretary, Department of Environment, Forest and Climate Change – Respondent
| Table of Content |
|---|
| 1. transfer of officers under apfs rules (Para 2 , 3 , 4 , 6) |
| 2. petitioner's contention on legality of transfer (Para 5 , 8 , 10) |
| 3. state's defense of transfer policy (Para 11 , 12 , 13 , 14) |
| 4. court's observations on petitioner and respondent eligibility (Para 15 , 16) |
| 5. clarification of transfer rules and judicial review (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 6. conclusion of dismissal of writ petitions (Para 27) |
JUDGMENT :
KARDAK ETE, J.
Heard Mr. K. Tama, learned counsel for the petitioner. Also heard Ms. G. Ete, learned Additional Senior Government Advocate for the State respondent Nos. 1 & 2 and Ms. N. Danggen, learned counsel for the respondent No.3.
2. The challenge made in this writ petition is to the order of transfer dated 16.07.2025, passed by the Principal Chief Conservator of Forests (PCCF) & Head of Forest Force (HoFF), [Environment, Forest & Climate Change (E, F & CC)], Government of Arunachal Pradesh, whereby as many as 15 (fifteen) State Forest Officers, including the petitioner and Respondent No. 3, have been transferred and posted to different places of posting and also to the subsequent order dated 05.09.2025, passed by the Principal Chief
Transfer of government employees is permissible based on administrative exigencies, provided there is no infringement of legal rights or prejudicial effect on the employee's service conditions.
Transfer orders must comply with statutory provisions and cannot be made arbitrarily in violation of service rules.
Transfer policies are directory, not mandatory, and courts will not interfere unless there is clear malafide or statutory violation.
The main legal point established in the judgment is that the power of transfer and posting should be exercised honestly, bona fide, and reasonably, based on administrative exigency and public interes....
The main legal point established in the judgment is that transfer orders must comply with relevant statutory rules and should not be passed in lieu of punishment. The judgment also emphasizes the sig....
Court upheld transfer orders for a promoted officer, ruling that service-related grievances should be handled by the Central Administrative Tribunal, not the High Court.
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
Administrative transfers are within the authority's discretion, and employees have no vested right to remain posted at a specific location. The court emphasized that administrative transfers are esse....
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