Page No.# 1/6 GAHC010131772025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3381/2025 BIMAL CH KALITA SON OF LATE UPENDRA CH. KALITA R/O HOUSE NO. 28, KANWACHAL HILL SIDE ROAD, SILPUKHURI P.O. SILPUKHURI DIST. KAMRUP (M), ASSAM, PIN-781003. VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, SECRETARIAT, DISPUR, GUWAHATI-6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM IRRIGATION DEPARTMENT SECRETARIAT DISPUR GUWAHATI-6. 3:THE SECRETARY TO THE GOVT. OF ASSAM IRRIGATION DEPARTMENT SECRETARIAT DISPUR GUWAHATI-6. 4:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM IRRIGATION DEPARTMENT Page No.# 2/6 SECRETARIAT DISPUR GUWAHATI-6. 5:SRI UJJAL BORGOHAIN ADDITIONAL CHIEF ENGINEER CUM CHD IRRIGATION NCHAC HAFLONG. (IRRIGATION DEPARTMENT) HAFLONG PIN-788819. 6:SANJIB KR. SARMAH ADDITIONAL CHIEF ENGINEER ()MINOR AND MICRO) OFFICE OF THE CHANDMARI DIVN. (IRRIGATION DEPARTMENT) GUWAHATI-3 Advocate for the Petitioner : MR. T J MAHANTA, MR T GOGOI,MR D MAHANTA Advocate for the Respondent : GA, ASSAM, SC, IRRIGATION BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 23-06-2025 Heard Mr. T.J. Mahanta, learned Sr. counsel assisted by Mr. D. Mahanta, learned counsel for the writ petitioner. I have also heard Mr. P. Nayak, learned Addl. AG, Assam appearing for the respondents. The writ petitioner herein who is presently posted as Addl. Chief Engineer (ACE), Implementation (Minor & Micro), Irrigation, Assam, Chandmari at Guwahati has approached this Court by filing the instant writ petition assailing the transfer order dated 10-06-2025 (Annexure-2) by means of which, the writ petitioner was transferred and posted as Addl. Chief Engineer-cum-CHD, Irrigation, NCHAC, Halflong vice respondent No. Page No.# 3/6 5. By the impugned transfer order, as many as 03 (three) officers, viz. the writ petitioner herein as well as the respondent Nos. 5 and 6, all serving in the rank of Addl. Chief Engineer, in the Irrigation Department, have been transferred and posted in their respective places of postings. It appears that pursuant to his promotion to the rank of Addl. Chief Engineer (Civil), the writ petitioner, who was earlier posted as Superintending Engineer, Cachar & Karimganj Circle (Irrigation), Silchar was temporarily posted in the present place of posting, by the order dated 13-08-2024. According to the writ petitioner, this is a case of frequent transfer in violation of transfer policy whereby, the impugned transfer order has been issued within 09 (nine) months of his earlier transfer, that too, without complying with the requirements of OM dated 06-08-2023 issued by the Principal Secretary to the Govt. of Assam, Personnel (B) Department laying down the norms to the effect that an officer should be transferred before completion of normal tenure of 03 (three) years only when public interest demands and on proper justification and grounds recorded in writing and also after obtaining the approval of the Chief Minister. Mr. Mahanta, learned Sr. counsel for the writ petitioner has argued that in the present case, the requirement of the OM dated 06-08-2013 has been given a go-bye. According to Mr. Mahanta, no proposal, by furnishing proper justification has been put up for transferring the writ petitioner within a period of 09 (nine) months. By relying upon a Page No.# 4/6 decision of the Supreme Court rendered in the case of State of H.P. & Ors. Vs. Tara Devi & Anr. reported in MANU/SCOR/20349/2015, Mr. Mahanta has argued that it is not for the elected representatives but the administrative head, i.e. the executive who alone is empowered to take a decision about transfer and posting of an employee. Urging that an MLA or Minister cannot recommend transfer of an official, Mr. Mahanta has prayed for setting aside the impugned transfer order dated 10-06-2025 by contending that the same has not been issued in public interest. Opposing the said submission, Mr. Nayak, learned Addl. AG, Assam has argued that the impugned order of transfer has been issued purely in the exigency of public service and that too, after adhering to all the procedural norms. By producing the departmental records, Mr. Nayak has submitted that the transfer order is not only based on a proposal prepared by the departmental authorities with the approval of the departmental Minister but the same has also received the approval of the Chief Minister of Assam. As such, there has been total compliance of the OM dated 06-08-2013 in this case. By relying upon and referring to a decision of the Supreme Court rendered in the case of State of UP & Ors. Vs. Gobardhan Lal reported in (2004) 11 SCC 402 as well as the law laid down in the case of SC Saxena Vs. UoI & Ors. reported in (2006) 9 SCC 583, Mr. Nayak has further argued that transfer being an incident of service, unless it is shown that the same is the outcome of a mala fide exercise of power or it been issued in violation of statutory provision, the same ought not to be interfered with by the Court. By placing reliance on another recent decision of the Division Bench of this Court Page No.# 5/6 rendered in the case of CBSE & Ors. Vs. Jagadish Barman & Ors. [W.P.(C) No. 4124/2024] (dated 09-09-2024), Mr. Nayak has also argued that even if a transfer order is found to be in violation of transfer policy, the same would not be liable to be interfered with merely on such ground, if the same had been issued in public interest and after complying with the requisite norms. I have considered the submissions made at the Bar and have gone through the materials available on record. As has been noted hereinabove, law regarding jurisdiction of the Writ Court to interfere with an order of transfer is firmly settled. In the case of Gobardhan Lal (Supra) relied upon by Mr. Nayak, it has been categorically held that unless a transfer is found to be the outcome of a mala fide exercise of power or the same is violative of any statutory provision or if it has been passed by an authority not competent to do so, such order cannot be lightly interfered with by the Court. After going through the records, I find that none of the above conditions have been met in this case. That apart, the departmental record reveals that the impugned transfer order has been issued after obtaining the approval of the highest executive of the State, viz. The Chief Minister of Assam. There is nothing on record to show that the impugned transfer order has been issued with mala fide intent or for any extraneous consideration. The petitioner has alleged that he is being transferred within 09 (nine) months of his previous transfer. However, as has been noted hereinabove, the earlier posting of the petitioner at Guwahati was merely by way of a temporary measure and pursuant to his promotion, which fact has been clearly indicated in the order dated 13-08-2024. As such, the petitioner was well aware that a final order of transfer/ posting pursuant to his Page No.# 6/6 promotion from the rank of Superintending Engineer to Addl. Chief Engineer was in the anvil. The impugned order dated 10-06-2025 appears to be the culmination of the said process. After going through the materials on record and upon consideration of the submissions made by the learned counsel for the parties, this Court is of the opinion that there is no legally justifiable ground for this Court to interfere with the impugned transfer order dated 10-06-2025. This writ petition is, therefore, held to be devoid of any merit and the same is, accordingly, dismissed. No order as to cost. JUDGE Comparing Assistant