transfers and postings in public sector
Querist :
Anonymous
(Querist) 25 November 2009
This query is : Resolved
It is well known that the transfers of employees cna be questions if we prove malafide intention or non application of mind by the competant authority. how to establish the malafide nature as it is a mental state. The competant authority has given oppertunity for the employees who compleated five years of service at one place for submting options and the employees who compleated one year also has rewuested for a transfer. The authority in the disguise to settle the imbalnces transfered the employees who were not given oppertunity to submit options.The requirement of staff at every districtwas tkaen from the officer working under his control a single officer but not a committee. after issung transfer orders stating as administrative exigencies he has altered the places in respect of some of the employees in which a person having 11 years balance of service was posted in a near by place of 30 kms and another aged 57 to a place of 180 kms. can this be treated as malafide intention. pl. suggest any leading cases if available deceided by the supreme court.
Guest
(Expert) 25 November 2009
Most of the judgments are in favour of the department as the courts do not interfere in internal administration stating admin exisgency as narrated by you. However, to prove the malafide intention, it is suggested that the relevant information can be collected through RTI. If an application is properly drafted and information is sought, most of the malafides are rectified by the department.
One more suggestion is to escalate the matter through Grievances Redressal Cell, if any exists in the department or through an application to the superior authority.
