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2026 Supreme(Gau) 878

THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KARDAK ETE, J.
Sanju Gyadi Son of Tame Gyadi - Appellant
Versus
The State of AP and Ors. - Respondent
WP(C) No. 69 of 2026
Decided On : 19-05-2026

Advocates:
Advocate Appeared:
For the Appellant :Kemo Lollen, Arun Yun,Maryum Sora,Geli Taye,D Ado Advocate
For the Respondent: GA (AP), SC (RWD),Gimi Tarak

Administrative authorities cannot issue conflicting, overlapping transfer orders without formally superseding or providing reasoned justifications for the departure from standing orders. Such actions, characterized by an absence of recorded reasons and procedural inconsistency, constitute an arbitrary exercise of power subject to judicial intervention.

Headnote:(A) Service Law - Transfer and posting - Validity of conflicting orders - Where an authority issues a subsequent transfer order without formally cancelling, superseding, or modifying an earlier subsisting order, such action creates administrative uncertainty and is liable to be struck down as arbitrary and illegal - Administrative decisions involving the nullification or replacement of existing orders must be supported by cogent reasons reflecting due application of mind, and the mere existence of authority does not validate orders lacking transparency. (Paras 11, 14, 16)

(B) Judicial Review - Scope of interference - While authorities possess the discretion to regulate placements in the interest of service, courts are empowered to intervene when such actions are characterized by manifest arbitrariness, a lack of reasoning, or procedural impropriety, resulting in contradictory outcomes. (Paras 13, 17)

Facts of the case:
The concerned individual was assigned a new posting through an initial order. Before the individual could join the new post, a second, conflicting mandate was issued for a different location, without the first order being formally withdrawn or modified. The individual challenged this subsequent directive citing administrative inconsistency and absence of justification.

Findings of Court:
The court determined that maintaining two conflicting, overlapping directives without formal record or explanation constitutes an arbitrary exercise of authority, inconsistent with the requirements of procedural fairness.

Issues: Whether the issuance of a subsequent mandate without addressing the subsistence of a prior, unexecuted order violates the principles of administrative consistency and fair play.

Ratio Decidendi: Administrative mandates, particularly those that conflict with or supersede existing valid orders, must be supported by documented, transparent reasons that demonstrate a proper application of mind to avoid arbitrariness and ensure operational certainty.

Result: Petition allowed; impugned order set aside.

Table of Content
1. factual history of issuance of conflicting transfer orders. (Para 1 , 2 , 3 , 4)
2. parties' contentions regarding arbitrary and inconsistent administrative power. (Para 5 , 6 , 7 , 8 , 9)
3. need for formal cancellation of conflicting administrative orders. (Para 10 , 11 , 12 , 13 , 16)
4. administrative transfers must be reasoned and transparent. (Para 14 , 15)
5. setting aside arbitrary orders with leave for fresh proceedings. (Para 17 , 18 , 19)

JUDGMENT & ORDER :

KARDAK ETE, J.

Heard Mr. K. Lollen, learned counsel for the petitioner. Also heard Ms. R. Basar, learned Government Advocate for the respondent No. 1 and Mr. G. Tarak, learned Standing Counsel, Rural Works Department for the respondent Nos. 2 to 5.

2. Challenge made in this writ petition is to the order dated 11.02.2026 issued by the Superintending Engineer (Co-ord), Rural Works Department (RWD), Itanagar, whereby the petitioner is sought to be transferred from the Rural Works Division, Changlang to the establishment of the Executive Engineer, Rural Works Division, Laaying Yangte, Kurung Kumey District.

3. The petitioner was appointed as Junior Engineer (Civil) in the Department of Rural Works, Government of Arunachal Pradesh, vide order dated 16.02.2017 and was posted at the RWD, Changlang Division under the Executive Engineer. While the petitioner was serving as Junior Engineer under the Executive Engineer, RWD, Changlang Division, the Executive Engineer, RWD, Jairampur Division, Changlang District, vide letter dated 09.02.2026, placed a requisition before the Superintending Engineer, Rural Works Circle, Miao, Changlang District seeking transfer of Junior Engineers to his Division. Pursuant thereto, vide order dated 09.02.2026, the Superintending Engineer, Rural Works Circle, Miao, transferred the petitioner from Rural Works Department, Changlang Division to the establishment of the Executive Engineer, Rural Works Division, Jairampur, with immediate effect. In the said order, it was stipulated that the transfer and posting must be completed within 15 days from the date of issuance of the order.

4. When the Executive Engineer, Rural Works Department, Changlang Division did not release the petitioner to enable him to join at his new place of posting under the Rural Works Department, Jairampur Division, even after lapse of 9 (nine) days from the date of issuance of the transfer order, the petitioner submitted a representation dated 18.02.2026 before the Executive Engineer, Rural Works Department, Changlang Division requesting for his early release from the said establishment to comply with the transfer order dated 09.02.2026. However, while the petitioner was still awaiting release from Rural Works Department, Changlang Division for joining at Rural Works Department, Jairampur Division, the Superintending Engineer (Coordination), Rural Works Department, Itanagar, vide impugned order dated 11.02.2026, transferred the petitioner from Rural Works Department, Changlang Division to the establishment of the Executive Engineer, Rural Works Department, Laaying Yangte, Kurung Kumey District, Arunachal Pradesh.

5. Mr. K. Lollen, learned counsel for the petitioner, submits that the impugned transfer and posting order dated 11.02.2026 issued by the Superintending Engineer (Co-ord), Rural Works Department, Itanagar has been issued in a back-dated and arbitrary manner without cancelling, superseding or modifying the earlier subsisting transfer and posting order dated 09.02.2026. It is submitted that pursuant to the earlier order dated 09.02.2026, the petitioner had submitted a representation dated 18.02.2026 before the Executive Engineer, Rural Works Department, Changlang Division requesting for his release in order to comply with the said order. However, instead of releasing the petitioner, the respondent authorities issued the impugned subsequent transfer order dated 11.02.2026 transferring the petitioner from Rural Works Department, Changlang Division to the establis

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