Transfer in violation of transfer policy
vinod bansal
(Querist) 11 April 2010
This query is : Resolved
R/Members
My client is serving in IT Deptt,deptt has ordered for his transfered against policy,my client intends to challenge this order,he have to file directly a CWP before highcourt or he have any remedy in civil courts for injuction and further relief.Regards
niranjan
(Expert) 11 April 2010
Transfer policy is notlaw and it does not give any right to the employee,however on the grounds of malafide action and colourable exercise of powers and to give benefit to others etc. you can challenge at both places either at civil court or HC,but the courts are unwilling to interfer in administrative actins, so in my opinion to challenge the order may not be advisable.
Raj Kumar Makkad
(Expert) 12 April 2010
Though the scope of interference of courts is very very limited in transfer related matters as these are purely administrative and part and parcel of service but High Courts can intervene in exceptional cases wherein entire related law has been taken in their hands by relevant authorities.
It is not advisable to approach civil court. Better move to HC.
H. S. Thukral
(Expert) 12 April 2010
If the service conditions provide against the transfer, an employee can not be transferred. If there is an announced/written policy, yet it can be challenged. Otherwise in the absence of real biased and malafide in the order, employee will not succeed. It can also be challenged if the transfer results in altered service conditions to the detriment of the employee.
