arbitary transfer
lissing perme
(Querist) 21 May 2012
This query is : Resolved
Respected Experts,
I have been transfer 3 time in one year by govt.Is there any citation by Supreme Court and High court which prohibit such transfer.Please attach citation.
Please suggest way to fight with such injustice.Please suggest with leading cases by Supreme Court AND high Court.
Thanks in advance.
R Trivedi
(Expert) 22 May 2012
In general there are department specific transfer policies, for example in many departments transfers do take place in the quarter April to June, so in between any adhoc transfer without compelling reason can be arbitrary. In absence of any written policy, government can transfer, in case you are aggrieved then you can approach HC with suitable evidence on the malafide or arbitrary aspect of the transfer. Just rest assured government servants are quite weak, if you have the reasons, approach the courts, do not worry about future after effects.
lissing perme
(Querist) 22 May 2012
@R.Trivediji!!
Thanks for guidance
Mem as i have been transfer 3 time before one year,can you suggest some points that can be put in writ in high court.And am is state civil service officer.
Amit Pateria
(Expert) 23 May 2012
Dear Author,
In general a Government servant is restrained to work at a place for more then three years, in other words one can say a transfer is foreseen after completion of three years of work at a place. As per your query you have been transferred thrice within a short span of an year. You certainly can write to the concerned state public services commission and if that doesn’t work please feel free to contact a good lawyer you will help you obtaining a stay in the event of another transfer.
As I stated hereinabove, you can certainly get an stay on the frequent transfer orders. A reference to the relevant state civil service rules will be helpful to this regard depending upon the nature of your employment and also the nature of the office that you hold.
You can refer to these judgments of the Hon’ble Supreme Court –
1. Mrs. Shilpi Bose’s case (AIR 1991 SC 532),
2. Gujrat Electricity Board and another v. Atmaram Sungomall Poshani (AIR1989 SC 1433),
3. State of Madhya Pradesh and another v. S. S. Kourav and others reported in AIR 1995 SC 1056,
4. Union of India and others v. S.L. Abbas (AIR 1993 SC 2444).
I’m citing relevant extract of the Mrs. Shilpi Bose’s case (AIR 1991 SC 532), viz
“In our opinion, the court should not interfere with a transfer order which are made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of malafide. A Government servant holding a transferable post has no vested right to remain posted at one place of 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…..”
Hope this helps.
Guest
(Expert) 23 May 2012
Of course, it is an clear case of intentional harassment, if transferred three times in a year. You may take help from the case laws quoted by Shri Amit Pateria.
lissing perme
(Querist) 23 May 2012
@Amit Pateria
Yes sir!! your post is really helpful.
Really this time I got a experts advice.
And sir the basic law of transfer is that normally court do no interfere???
And again sincerely thanks you for your explicit guidance.
