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2022 Supreme(Megh) 67

SANJIB BANERJEE, W. DIENGDOH
North Eastern Electric Power Corporation Ltd (Neepco) – Appellant
Versus
Bidul Goswami – Respondent


Advocates appeared:
Mr. V.K. Jindal, Sr. Adv. with Mr. S. Rana, Advocate., for the Appellants; Mr. P.J. Saikia, Sr. Adv. with Mr. P. Deka, Adv., Mr. A.P. Kharsahnoh, Advocate., for the Respondent

JUDGMENT

Sanjib Banerjee; CJ. - The appeal is directed against an interim order passed on a writ petition challenging an order of transfer. Quite inexplicably, the order impugned requires status quo to be maintained, effectively stalling the transfer.

2. It is too late in the day to emphasise that the High Court's authority to interfere in matters of transfer is very limited and unless a case of egregious mala fides is made out, the High Court must yield to the administrative reasoning of the employer. Indeed, once an employer cites administrative exigencies for the transfer of an employee who holds a transferable job, it is almost the end of the matter and the High Court ought not to interfere therein.

3. In this case, the writ petitioner-respondent was issued a transfer order on or about June 10, 2022 after serving in and around this area for nearly 16 years. The transferred place of posting is Tawang. Shortly upon receipt of the transfer order, the writ petitioner made a representation, citing the ill-health of his aged mother as a ground to allow him to continue in his present place of posting. The representation was disposed of by a terse order and a release order of June 29, 202

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