The High Court held that transfer is an incident of service and absent mala fides, it would not interfere with the Government order transferring the petitioner from one college to another.
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WP(C) No.10453 of 2016
22.6.2016 Assailing the order of transfer dated 10.6.2016, vide Annexure-9, passed by th
e Deputy Director (NGC-II), Higher Education, Odisha, the petitioner has filed the present wri
t petition.
The case of the petitioner is that he was transferred to Jatni College, Jatni
on 8.9.2010. He joined on 9.9.2010 and is continuing till date. There are two sanctioned posts
of Lecturers in Economics in Jatni College. He is holding one post. By order dated 30.9.2014,
he was transferred to Kapileswar College, Katana in the district of Kendrapara. He filed a re
presentation. Thereafter, he filed a writ petition being WP(C) No.19577 of 2014. A Bench of th
is Court on 14.10.2014 disposed of the writ petition with a direction to the opposite party no
.2 therein to consider the representation of the petitioner and pass appropriate order. The Di
rector, Higher Education, Odisha, without considering the representation, transferred the peti
tioner pursuant to the Government order dated 30.9.2014 vide office order no.36033 dated 17.10
.2014. Again, he approached this Court in WP(C) No.20301 of 2014. A Bench of this Court dispos
ed of the writ petition with an observation that till disposal of the representation of the pe
titioner, the order of transfer shall not be given effect to. While the matter stood thus, by
office order no.22207 dated 10.6.2016, the earlier order was modified and the petitioner was t
ransferred to KBDAV College, Nirakarpur in the existing vacancy.
Heard Mr. Das, learned counsel for the petitioner.
The petitioner is continuing as Lecturer in Economics in Jatni College, Jatni
for the last six years. Though earlier he was transferred to Kapileswar College, Katana, but s
ubsequently the order of transfer was modified and he was transferred to KBDAV College, Niraka
rpur in the existing vacancy. The petitioner has no right to continue in Jatni College, Jatni
since transfer is an incident of service. In the absence of any mala fide exercise of power, t
his Court is not inclined to interfere with the order of transfer.
The petition is dismissed.
Dr.A.K.Rath,J
2
1 issue framed by the court
Whether the Court can interfere with an order of transfer in the absence of mala fide exercise of power.
Petitioner
Deputy Director (NGC-II), Higher Education, Odisha
Dr. A.K. Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court