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2026 Supreme(Gau) 1053

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH 
YARENJUNGLA LONGKUMER, J.
Shri Dutta Debopriyo S/o. Shri Lt. Debabrata Dutta – Petitioner
Versus
The General Manager Bank Of Baroda And Ors. – Respondent
WP(C) 237 of 2025 
Decided On : 10-04-2026 

Advocates Appeared:
For the Petitioner: Mr. P. Surien
For the Respondents: Mr. B.P. Borah (Standing Counsel)

Transfer of an employee is an administrative incident of service. Courts will not interfere with such orders unless they are proven to be mala fide, issued by an incompetent authority, or in direct violation of mandatory statutory provisions, as internal policies remain merely directory.

Headnote:(A) Constitution of India, Article 226 - Service law - Transfer of employee - Judicial review - Transfer is an incident of service lying within the exclusive administrative domain of the employer - Court cannot interfere unless the order is vitiated by mala fides, is contrary to statutory provisions, or is issued by an incompetent authority. (Paras 16-18)

(B) Transfer Policy - Status of guidelines - Internal transfer policies intended to regulate posting are directory in nature and do not confer a legally enforceable right upon the employee - Provisions allowing for transfer during administrative exigencies take precedence over general exemption guidelines. (Paras 13, 16, 19)

Facts of the case:
The petitioner challenged an order of transfer despite a prior exemption granted under an internal departmental transfer policy. The petitioner argued that the transfer was arbitrary, violated the tenure parameters stipulated in the policy, and was issued by an authority lacking the competence to do so. The employer contended that the transfer was necessitated by administrative exigencies, and that the internal policy vested the employer with the power to relocate personnel notwithstanding existing exemptions.

Findings of Court:
The court observed that the petitioner failed to demonstrate any element of malice or lack of statutory authority. It was held that an employee serving for an extended duration in an area is eligible for transfer, and the employer retains the power under service regulations to transfer an employee for exigencies, which overrides specific policy guidelines. Consequently, the court found no ground for interference.

Issues: Whether an internal transfer policy creates an absolute, legally enforceable right to be exempted from transfer, and whether the judiciary can intervene in administrative personnel decisions based on such policies.

Ratio Decidendi: Judicial intervention in service transfers is restricted to narrow grounds such as proven malice or statutory violation. Internal administrative policies are interpreted as guidelines rather than mandatory statutes; thus, they do not curtail the employer's prerogative to transfer employees for operational requirements or exigencies of administration.

Result: Petition dismissed.

Table of Content
1. overview of case facts and procedural history. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. petitioner's arguments regarding transfer policy violations and lack of authority. (Para 7 , 8 , 9 , 10)
3. respondent's defense of administrative discretion and service exigencies. (Para 11 , 12 , 13 , 14)
4. analysis of transfer policy compliance and employer's administrative rights. (Para 15 , 16)
5. judicial restraint regarding administrative service transfer orders. (Para 17 , 18 , 19)
6. final court order dismissing the writ petition. (Para 20)

JUDGMENT :

YARENJUNGLA LONGKUMER, J.

The instant application under Article 226 of the Constitution of India has been filed by the petitioner challenging the e-mail Letter dated 15.11.2025, issued by the respondent no. 5/Deputy Manager, Strategic HR & HR Operations, Bank of Baroda; the impugned e-mail Letter dated 15.11.2025, issued by the respondent no. 6/AGM & Regional Head, Regional Office, Jorhat and the impugned Relieving Order dated 15.11.2025, issued by the respondent no. 7/Chief Manager, Bank of Baroda, Dimapur, Nagaland, respectively.

2. The brief facts leading to the filing of this instant petition is that the petitioner was initially appointed as JM1 in the Bank of Baroda on 11.09.2012 and since then he has been continuously rendering his service to the respondent bank without any break. After about 4 (four) years of service, the petitioner was promoted as MM2 in the respondent bank in the year 2016. The petitioner was promoted again in the year 2021 as MM3 and was posted in Jorhat and thereafter transferred to Dimapur and presently the petitioner is holding the post of Senior Branch Manager, Dimapur VB Branch, Dimapur, Nagaland.

3. While the petitioner was posted in Jorhat, Assam, the petitioner had applied for exemption from Inter Zonal Transfer (IZT for short) in the month of April 2025 through the official portal of the respondent bank on the ground of his wife’s advanced stage of pregnancy and accordingly, the respondent bank exempted the petitioner from transfer under the IZT exercises for the year 2025-2026. Thereafter, the petitioner was transferred to Dimapur as Senior Branch Manager, Dimapur VB Branch of the Baroda Bank and accordingly, he joined the new place of posting on 15.07.2025.

4. At this stage, the respondent no. 5/Deputy Manager, Strategic HR & HR Operations, Bank of Baroda, Head Office on 15.11.2025, sent an e- mail to the respondent no. 3/Regional Manager, Bank of Baroda, Regional Head, Jorhat Region to transfer the petitioner from Dimapur VB Branch, Nagaland to Rajkot Zone, Gujarat with the request to relieve the petitioner from his present place of posting. Accordingly, the respondent no. 6/AGM & Regional Head, Regional Office, Jorhat, on the same day, i.e., 15.11.2025, sent an e-mail to the respondent no. 7 with the instructions to relieve the petitioner on 15.11.2025 from his present place of posting to join the new place of posting at Rajkot Zone, Gujarat. Thereafter, the respondent no. 7/Chief Manager, Bank of Baroda, Dimapur, Nagaland issued the impugned Relieving Order No. BOB/VJDIMA/STAFF/2025- 26/144 dated 15.11.2025, whereby the petitioner was relieved from the Dimapur VB Branch, Nagaland with instructions to report to the Zonal Head, Rajkot Zone on the next working day positively.

5. The petitioner tried to address his grievances through the official portal of the respondent bank by making an application against the impugned Relieving Order dated 15.11.2025 issued by the respondent no. 6. However, the said application could not be processed through the official portal of the bank as the bank’s portal system disabled him to access the official portal of the bank by locking his identification number. Being aggrieved the petitioner is before this Court.

6. Heard learned counsel for the petitioner, Mr. P. Surien. Also heard Mr. B.P. Borah, learned standing counsel for the respondents.

7. The learned counsel for the petitioner submits that the petitioner had a

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