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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
BUDI HABUNG
Somanath Maharana - Son Of Kailash Chandra Maharana – Appellant
Versus
Union Of India Represented By The Secretary To The Government Of India, Ministry Of Home Affairs, New Delhi – Respondent
| Table of Content |
|---|
| 1. nature of dispute regarding premature transfer vs. mandated service tenure. (Para 1 , 2) |
| 2. conflicting interpretations of departmental standing orders governing transfer and promotion eligibility. (Para 3 , 4 , 7 , 8) |
| 3. rebuttal of disciplinary allegations and evidentiary status of preliminary investigation reports. (Para 5 , 6) |
| 4. judicial restraint regarding administrative transfers absent clear bias or immediate prejudice. (Para 9 , 10 , 11 , 12 , 13) |
| 5. court equity power to grant procedural relief for administrative irregularities. (Para 14 , 15 , 16) |
JUDGMENT :
BUDI HABUNG, J.
Heard Mr. Somanath Maharana, petitioner-in-person. Also heard Mr. B. Chakraborty, learned CGC representing the respondents.
2. The petitioner-in-person, who was serving as Commandant and posted in 142 BN CRPF, Golaghat, Assam, has challenged the Transfer Order dated 10.01.2025 issued by the Directorate General, CRPF (respondent No. 2), by which he was transferred and posted to South Zone situated at Chandrayangutta, Hyderabad (T.S.) 500005 before completion of his normal tenure of 3 (three) years.
3. The petitioner contended that as per Standing Order No. 07/2014 dated 24.11.2014, the normal
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....
The main legal point established in the judgment is that transfer orders made in public interest and for administrative reasons, with proper justification and grounds provided by the authorities, sho....
The central legal point established is that the transfer of the petitioner was in accordance with the Standing Order 07/2014, which governs postings upon promotion.
A CRPF personnel's eligibility for transfer and relaxation of transfer conditions on medical grounds are determined by the Standing Order, and completion of prescribed tenures justifies transfer orde....
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....
As per Clause-10 of “Comprehensive Guiding Principles-2013” prescribed normal tenure/stay of an officer/official at one station is three years, however, the Officers of IAS/HPAS/HPPS/HPFS and other a....
Transfer of members of the Force may be ordered from one place to any other place in India in the exigencies of service or for administrative reasons or to avoid local entanglements of such members o....
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