The High Court of Rajasthan dismissed a writ petition challenging a tribunal order that upheld the petitioner's transfer. The court held that without evidence of malafide or violation of statutory rules, judicial interference in administrative transfers is unwarranted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH
ORDER
(S.B. Civil Writ Petition No.4630/2019)
Hari Singh Gurjar son of Shri Raghuvir Singh Gurjar, aged 52 years, resident of Khedla Gurjar, Tehsil Mahua District Dausa at present Veterinary Assistant, Veterinary Hospital Gehnoli District Dausa.
Versus
Date of Order: March 08, 2019.
PRESENT
HON'BLE MR. JUSTICE ALOK SHARMA
Mr. Kailash Chander Sharma, for the petitioner.
BY THE COURT :
Under challenge is the order dated 27-2-2019 passed by the Rajasthan Civil Services Appellate Tribunal Jaipur (hereafter `the Tribunal’) whereby the appeal filed by the petitioner, a Veterinary Assistant, against the order of his transfer dated 18-2-2019 has been dismissed.
The ground agitated in the petition is that the petitioner, a Veterinary Assistant appointed on 1-5-1990 was promoted as Veterinary Assistant Grade-I and posted at Veterinary Hospital Sikandra, Dausa. He was then transferred vide order dated 27-4-
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2018 to the Veterinary Hospital Gehnoli, Dausa. Vide order dated 26-6-2018 the petitioner was again transferred from Veterinary Hospital Gehnoli to Veterinary Hospital Lagda Balaji Dausa just to accommodate Gajraj Singh. He challenged the said order dated 266-2018 before the Tribunal by filing an appeal, but prior to disposal of the said appeal the department vide order dated 28-7-2018 cancelled the impugned transfer order dated 26-6-2018 and retained the petitioner at Veterinary Hospital Gehnoli, Dausa. But just after five months vide order dated 18-2-2019 the petitioner has been again transferred to Veterinary Hospital Lagda Balaji (Dausa) just to accommodate Gajraj Singh at Veterinary Hospital Gehnoli. It has been submitted that hence the transfer order dated 18-2-2019 was neither based on exigencies of administration or in public interest but malafide for reason of accommodating another employee. And therefore be set aside.
Heard. Considered.
The impugned order dated 27-2-2019 passed by the Tribunal upholding the petitioner's transfer order dated 18-2-2019 is a well considered and founded on cogent reasons. Transfer is an incident of service and cannot be interfered with without there being any evident malafide or contravention of statutory rules. Such grounds are not made out in the present petition. Further the order passed by
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the Tribunal is based on a judgment of the Apex Court in the case of Shilpi Bos Vs. State of Bihar [AIR 1991 SC 532] which provides that the courts should not interfere with transfer order which are made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of malafide. A Government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to other on the subjective satisfaction of the employer. The Apex Court in the case of Dr.J.N. Banwalikar Vs. Municipal Corporation of Delhi [AIR 1996 SC 326] has held that vague and mellow allegations of malafide without material to substantiate the same do not warrant any traction thereon and interference by the court. Moreover the authority to which malafides is imputed has not been impleaded as party by name. Thus the issue of malafide cannot be considered also for this reason. There is thus no error in the order impugned passed by the Tribunal. Further as the petitioner has been transferred to a place in the same district. No manifest injustice can be said to have been even otherwise caused to the petitioner. There is no merit in the writ petition.
Consequently the writ petition is dismissed.
(Alok Sharma), J.
arn/
2 issues framed by the court
Whether the High Court should interfere with the Tribunal's order upholding the petitioner's transfer on grounds of malafide.
Whether vague and unmolested allegations of malafide without impleaded authorities warrant judicial interference in transfer matters.
Colour shows how this judgement treated each authority
Shilpi Bos Vs. State of BiharRelied on¶19
Shilpi Bos Vs. State of Bihar [AIR 1991 SC 532] · Who else cites this
Dr.J.N. Banwalikar Vs. Municipal Corporation of DelhiExplained¶19
Dr.J.N. Banwalikar Vs. Municipal Corporation of Delhi [AIR 1996 SC 326] · Who else cites this
1 provisions across 1 enactments
Hari Singh Gurjar
Director, Animal Husbandry Department, Rajasthan
District Veterinary Officer, Animal Husbandry Department, Dausa
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
