SRI PUBI LOMBI versus THE STATE OF ARUNACHAL PRADESH & ORS.

SRI PUBI LOMBI versus THE STATE OF ARUNACHAL PRADESH & ORS.

In the absence of pleaded mala fide, non-joinder of persons alleged to have acted mala fide, no averment of violation of any statutory provision and no showing that the transfer was prejudicial to public interest or detrimental to the employee holding a transferable post, judicial interference was not warranted; the Division Bench erred in setting aside the Single Judge's well-reasoned order and the Single Judge's decision was restored.

Parties
Appellant: Sri Pubi Lombi; Respondents: The State of Arunachal Pradesh & Ors.
Jurisdiction
India
Judgment Date
13 March 2024
Procedural Posture
Civil Appeal / Appeal From Gauhati High Court
Outcome
Appeal allowed; judgment and order dated 22.09.2023 of the Division Bench of the Gauhati High Court set aside and the order dated 11.07.2023 of the learned Single Judge restored.
Legal Topics
Transfer Order, Modified Transfer Order, Plea of Malafide, Violation of Statutory Provision, Judicial Interference, Transfer Prejudicial to Public Interest
Service Law Judicial Review Transfer Order Modified Transfer Order Plea of Malafide Violation of Statutory Provision Judicial Interference Transfer Prejudicial to Public Interest

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Parties

Sri Pubi Lombi

Appellant

The State of Arunachal Pradesh & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Gauhati High Court

Legal Issues

  1. 1 Whether in absence of a plea of mala fide and no averment regarding violation of any statutory provision, the Division Bench of the High Court was justified in setting aside the Single Judge's judgment merely because the proposed modification in the transfer order was mooted by an MLA.

Ratio Decidendi

In the absence of pleaded mala fide, non-joinder of persons alleged to have acted mala fide, no averment of violation of any statutory provision and no showing that the transfer was prejudicial to public interest or detrimental to the employee holding a transferable post, judicial interference was not warranted; the Division Bench erred in setting aside the Single Judge's well-reasoned order and the Single Judge's decision was restored.

Court Disposition

Appeal allowed; judgment and order dated 22.09.2023 of the Division Bench of the Gauhati High Court set aside and the order dated 11.07.2023 of the learned Single Judge restored.

Orders

  • Civil Appeal No. 4129 of 2024 allowed.
  • Judgment and order dated 22.09.2023 of the Division Bench of the Gauhati High Court in WA No. 266 of 2023 set aside.