Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Nani Tagia, J
HIBU TAMA – Appellant
Versus
THE STATE OF AP – Respondent
WP(C)189(AP)2020

Advocates:
For the Appellants/Petitioners: Mr. K. Tama
For the Respondents:Mr. K. Ete, Sr. Addl. Advocate General, Mr. G. Tarak, SC, RWD, Mr. T. T. Tara

Transfers of government employees must uphold statutory guidelines and cannot be based on political recommendations; inter-se transfers between employees of differing hierarchies are impermissible.

Headnote:(A) Constitution of India - Article 226 - Transfer of Government employee - Violation of Government order pertaining to transferral without political influence - Petitioner's transfer ordered based on recommendations from political figures, violating Office Memorandum dated 14.01.2020 that stated no external recommendations should influence transfers. - The inter-se transfer between a functional Superintending Engineer and an officiating Superintending Engineer who is recognized in a seniority list is impermissible, thus the impugned transfer order is quashed. (Paras 60, 64)

Facts of the case:
The petitioner, a Superintending Engineer, challenged a transfer order issued to him based on political recommendations without considering his representation against such transfer, citing violation of a government order.

Findings of Court:
The transfer violated established procedures as outlined in Rule 20 of the Central Civil Services (Conduct) Rules, indicating transfer should occur based on merit and without political influence.

Issues: Whether the transfer order issued based on political influence violated established government orders and whether inter-se transfers among employees of differing hierarchies are permissible.

Ratio Decidendi: The court ruled that transfers should adhere to statutory guidelines, and recommendations from political entities cannot form the basis for such transfers, affirming that the order is maintainable.

Result: The impugned transfer order dated 29.06.2020 is quashed, and the petition is allowed.

To,

The Commissioner/ Secretary Rural Works Department Govt. of Arunachal Pradesh Itanagar.

(Through proper channel)

Sub :- Representation Ref :-

1. Govt transferred and posting order vide No. SRWD-44/2002/618 dated Itanagar, the 29th June, 2020.

2. Govt. Office Memorandum on ‘Transfer and posting of Officers’ vide No.PERS-46/2019 dated Itanagar, the 14th January,2020.

3. My Representation No.PF/R-01/2020 dated Itanagar the 30th June/2020.

4. WP(C)182(AP)2020 and Hon’ble Gauhati High Court, Itanagar Permanent Bench, Naharlagun Judgement directing the Secretary, RWD, Itanagar to disposed off the representation of the Petitioner within 5 days Dated 02.07.2020.

5. Govt. order No.SRWD-44/633 Dated Itanagar 3rd July, 2020 disposing off the representation stating that there is no rationale for cancelling the order dated 29.06.2020 Sir, With references cited above, I beg to state the following few lines for your kind consideration and necessary action please.

That sir, it is reiterated that I have been transferred and posted vide Govt. order referred above on recommendation of Hon’ble Ministers, MP, and MLAs, which is cleared from the note-sheets obtained through RTI by my advocate, and is a direct violation of Office Memorandum vide No. PERS-46/2019/90 dated Itanagar the 14th January, 2020. Interestingly, the note-sheets of all the Hon’ble Ministers, HMP, and HMLAs are identical in verbatim irresistibly leads to conclude that it came from one source in different dates and that public interest certainly was not paramount in the mind of persons who signed the note-sheets. It is a more or less the best mechanical exercise. As such, it is humbly submitted that all the recommendations of Hon’ble Members is devoid of any public exigency in this instant transfer and posting case. Moreover Shri Renia Tamin who have been transferred and posted in my place is a SE(Functional) whereas the functional SE should be allow if there is no regular SE to hold the post in the ‘Circle’ as regards to administration point of view because the ‘Circle’ has to superintend many divisions headed by senior EEs.

That sir, “Govt. order vide No. SRWD-44/633 dated Itanagar 3rd July, 2020 disposing off my representation stating that there is no rationale for cancelling the order dated 29.6.2020 as I have completed 2 years and 9 months as SE, RWC, Pasighat extent Govt. order specify minimum tenure of 2 years”. Yes, I do humbly submitted that I have completed 2 years and 8 months as I took over the charges of SE, RWC, Pasighat on the 3rd November/2017. Also, humbly submitted that I always obeyed the Govt. order specifically ‘Transferred and posting order’ even if I have not completed the minimum tenure of 2 years whose evidences can be seen from my service records. But my representation was about (1). a direct violation of Office Memorandum on ‘Transfer and Posting of Officers’ vide No.PERS-46/2019 dated Itanagar, the 14th January,2020, on recommendation of the Hon’bles, and (2). Transferred and posting of SE (functional) in the Circle by transferred and posting out Senior SE.

I therefore, request you again, kindly look into the matter seriously and call all the related documents and if my representation is genuine and against injustice, kindly allow me to continue as SE, Rural Works Department, Pasighat Circle for the larger interest of the public. Also, request you to grant me permission to give copy of it to His Excellency the Governor of Arunachal Pradesh as any Govt. order is issued in the name of the Governor of Arunachal Pradesh.

Yours faithfully Sd/-

(Hibu Tama) SE RWD, Pasighat Circle Copy to:-

1. The Chief Engineer, RWD (E/Z) Govt. of Arunachal Pradesh, Itanagar for information please.”

27. As the second representation, dated 06.07.2020, submitted by the petitioner to the Commissioner/Secretary, Rural Works Department, Government of Arunachal Pradesh, Itanagar, remained unattended to by the authority concerned, the petitioner has filed this writ petition, challenging the

Click Here to Read the rest of this document

Nani Tagia, JHIBU TAMA – AppellantVersusTHE STATE OF AP – RespondentWP(C)189(AP)2020

Transfers of government employees must uphold statutory guidelines and cannot be based on political recommendations; inter-se transfers between employees of differing hierarchies are impermissible.

Nani Tagia, J
HIBU TAMA – Appellant
Versus
THE STATE OF AP – Respondent
WP(C)189(AP)2020