Writ petition challenging an administrative transfer order on the grounds of policy violation and lack of tenure. The court held that transfers are administrative exigencies and proceedable only on proof of malafides, which were absent.
Writ petition held to be without merit and dismissed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P.No.2170 of 2011
Date of decision : 4.2.2011
Mohd. Iqbal
....Petitioner
Versus
The State of Haryana and others
...Respondents
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
Present : Mr. Jagbir Malik, Advocate for the petitioner.
MAHESH GROVER, J.
The petitioner has impugned the order of transfer on the ground that the same is violative of the policy instructions and that a person who has been posted at a particular place cannot be disturbed till the time he completes five years tenure.
After hearing the learned counsel for the petitioner, I am of the opinion that there is no merit in the instant writ petition. The transfer is always an event of administrative exigency and cannot be questioned in court of law unless it is shown to be mala fide. There being no such material from where mala fide can be inferred, the petition is held to be without any merit and is dismissed.
4.2.2011 (MAHESH GROVER) JUDGE
dss
2 issues framed by the court
Whether the petitioner is entitled to challenge the order of his transfer on the ground that administrative exigency does not comply with ten-year service policy instructions.
Whether the transfer order can be shown to be rendered mala fide.
Mohd. Iqbal
The State of Haryana
Mahesh Grover
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
