Case Note & Summary
The petitioner, a Deputy Commandant in CRPF, was deputed to NDRF Academy at Nagpur as an Instructor in radiological, biological, and chemical emergencies. He was later transferred by the NDRF to a battalion at Baroda for field exposure. The petitioner challenged the transfer, arguing that his consent was only for the Academy post and that the borrowing department lacked authority to transfer him. The court held that the transfer was an administrative decision based on training requirements and public interest, and not arbitrary or mala fide. The court dismissed the petition, noting that the NDRF Academy's need for instructors with field experience justified the transfer. The court also observed that the rules for the Academy were still being formalized, and the transfer fell within executive functions.
Headnote
A) Service Law - Deputation - Transfer of Deputed Employee - The borrowing department has the authority to transfer a deputed officer within its organization for administrative exigencies, even if the deputation was for a specific post, provided the transfer is not mala fide or arbitrary. (Paras 12-16) B) Service Law - Judicial Review of Transfer Orders - Courts will not interfere with transfer orders made in public interest and administrative convenience unless shown to be mala fide or in violation of statutory rules. (Paras 8, 12) C) Service Law - Consent in Deputation - While consent is required for initial deputation, it does not confer a right to remain in a particular post indefinitely; subsequent transfers are governed by the borrowing department's administrative needs. (Paras 11, 16)
Issue of Consideration
Whether the transfer of a deputed officer from NDRF Academy to a battalion is valid and within the authority of the borrowing department.
Final Decision
Petition dismissed. Transfer order upheld as valid and not arbitrary.
Law Points
- Deputation
- Transfer of deputed employee
- Administrative exigency
- Judicial review of transfer orders
- Consent in deputation
