Rajiv Kumar Agarwal v. State of U.P. and 2 Others
Case brief
What is this about?
Service-law transfer dispute; WRIT - A No. 1407 of 2025; Allahabad High Court; Ajay Bhanot J.; dismissed 5.2.2025. Key themes: transfer as an incident of service; limited judicial review of transfer orders (malafides or statutory infraction only); no vested right to posting of choice; transfer policy confers no enforceable rights; Supreme Court exception permitting transfers on genuine medical grounds with ex post facto reporting to independent committee (two senior Secretaries, one in charge of Power); post facto approval undertaking by respondent no. 2; transfer challenged from Bulandshahar (power house, inadequate medical facilities) to Varanasi; writ petition dismissed.
What did the court decide?
Transfer is an incident of service and the scope of judicial review in regard to transfer is limited: an order of transfer can be assailed only on the grounds of malafides or infraction of statute, and neither ground is established in the present case.