Validity of transfer
Arul Kumar
(Querist) 09 July 2012
This query is : Resolved
Dear Experts,
Mr. 'A' is an officer in College, affliated to Mumbai University and aided by Govt. Now he has been transferred to another district in Maharashtra, when he is due to be retired in 18 months.
Whether such tranfer is valid or challangeable?
Thanks & Regards,
Arul
Devajyoti Barman
(Expert) 09 July 2012
It is valid unless you can show that it was made as part of unjustified punishment.
Transfer is the prerogative of the employer.
Shailesh Kumar Shah
(Expert) 09 July 2012
Whether such tranfer is valid or challangeable?
Answer: your question is on what basis?
c.p.s. ramachary
(Expert) 11 July 2012
Transfer is prerogative of employer and the same cannot be challenged. However if you can establish that the transfer is tainted with mala fide intention to harass you, you can challenge it in a writ petn.
ashutosh mishra
(Expert) 11 July 2012
Yes! Even such tranfer is valid unless you have some thing cogent to show that it has been maliciously passed.
Guest
(Expert) 11 July 2012
Validity or invalidity of orders could be analysed only if you could have provided sufficient information. The information through your question is incomplete.
First of all the question arises, whether the college belongs to the University or is the college is private and is merely affiliated to the university, or is a Government college?
2ndly, your question does not provide information, as to who transferrd, the college authorities, the university or the Education Department of the Government of Maharashtra?
3rd, if the college is private and the authorities transferred the officer, whether the college belongs to the same group of managemene or not?
4th, What are the terms of appointment of the officer, as specified in his appointment letter or in Establish/ Staff Manual?
