Court No. - 26 Case :- WRIT - A No. - 15763 of 1996 Petitioner :- R.D.Giri Respondent :- The Collector/D.M.,& Others Petitioner Counsel :- D.V.Jaiswal Respondent Counsel :- C.S.C. Hon'ble Anil Kumar,J.
Matter has been taken in revised cause list.
None appears on behalf of the petitioner to press the present writ petition.
Heard learned Standing Counsel for the opposite parties and perused the
record.
By means of the present writ petition, the order of transfer dated 142.1996
passed by opposite party no.4 is under challenge.
From the perusal of the record, it does not dispute that the petitioner is
holding transferable post .The law is well settled that transfer being exigency
of service can be effected by the employer concerned in accordance with its
administrative exigency, in the interest of administration and public interest at
any point of time and that cannot be monitored and guided by this Court
unless it may be shown that transfer order is vitiated on account of the
contravention of the statute , or lacks jurisdiction or mala fide as such in view
of the judgment passed by the Hon’ble Supreme Court in the case of Shilpi
Bose (Mrs.) and others Vs. State of Bihar and others , 1991 Supp (2) SCC
659 wherein Hon’ble Supreme Court has held as under:-
” In our opinion , the courts should not interfere with a transfer order which
is made in public interest and for administrative reasons unless the transfer
order are made in violation of any mandatory statutory rule or on the ground
of mala fide . A government servant holding a transferable post has no vested
right to remain posted at one place or the other. He is liable to be transferred
from one place to the other. Transfer orders issued by the competent
authority do not violate any of his legal rights. Even if a transfer order is
passed in violation of executive instructions or orders the courts ordinarily
should not interfere with the order instead affected party should approach the
higher authorities in the department.”
The aforesaid view has been reiterated by Hon’ble Supreme Court in the case
of Union of India another Vs. N.P. Thomas, 1993 Supp (1) SCC 704 and
N.K. Singh Vs. Union of India and others (1994) 6 SCC 98 holding therein
if a person holding a transferable post, is transferred, there is no violation of
any statutory/ mandatory rules then the same is not subject to judicial review.
Further, in the case of Chief General Manager, ( Telecom) N.E. Telecom
Circle and another Vs. Rajendra Ch. Bhattacharjee and others, (1995) 2
SCC 532 Hon’ble Supreme Court has held as under:-
“It is needless to emphasise that a government employee or any servant of a
public undertaking has no legal right to insist for being posted at any
particular place. It cannot be disputed that the respondent holds a
transferable post and unless specifically provided in his service conditions, he
was no choice in the matter of posting. Since the respondent has no legal or
statutory right to claim his posting at Agartala, therefore, there was no
justification for the Tribunal to set aside the respondent’s transfer to
Dimpur.”
In view of the above said facts, I do not find any merit in the writ petition. It
is accordingly dismissed.
No order as to costs.
Order Date :- 16.7.2010
dk/-