Case Note & Summary
The petitioner, Kishor s/o Malayya Sandry, a Deputy Engineer in the Rural Water Supply Sub-division, Kinwat, District Nanded, was employed under the Zilla Parishad, Nanded. He was transferred by an order dated 27.8.2021 issued by the Chief Administrative Officer, Maharashtra Jeevan Pradhikaran, to the office of the Superintendent Engineer, Maharashtra Jeevan Pradhikaran, Circle Office, Chandrapur. The petitioner challenged this transfer order by filing a writ petition before the Bombay High Court, Aurangabad Bench, seeking a writ of certiorari to quash the order and a direction to allow him to resume his duties at Nanded. The petitioner had submitted a representation on 26.8.2021 against the proposed transfer, but the transfer order was issued the next day without considering his representation. The respondents argued that the transfer was made in the public interest and as per the policy. The court examined the transfer policy and found that the order was passed without following the prescribed procedure, which required consideration of the employee's representation and other factors. The court held that the transfer order was not in compliance with the policy and was therefore arbitrary. The court quashed the transfer order and directed the respondents to consider the petitioner's representation afresh and pass a reasoned order within four weeks. The court also directed that the petitioner be allowed to continue at his original place of posting until a fresh decision is taken.
Headnote
A) Service Law - Transfer - Compliance with Transfer Policy - The court examined whether the transfer order was issued in accordance with the Maharashtra Jeevan Pradhikaran Employees' Transfer Policy. The court held that the transfer order was passed without following the prescribed procedure, as the policy required consideration of the employee's representation and other factors. The court quashed the transfer order and directed the respondents to consider the petitioner's representation afresh. (Paras 1-10) B) Administrative Law - Judicial Review - Transfer Orders - The court reiterated that transfer orders are administrative in nature and can be challenged if they are arbitrary, mala fide, or in violation of statutory rules or policy. In this case, the transfer was set aside due to non-compliance with the transfer policy. (Paras 1-10)
Issue of Consideration
Whether the transfer order dated 27.8.2021 transferring the petitioner from Zilla Parishad Nanded to Maharashtra Jeevan Pradhikaran Chandrapur is valid and in compliance with the applicable transfer policy.
Final Decision
The court quashed the transfer order dated 27.8.2021 and directed the respondents to consider the petitioner's representation afresh and pass a reasoned order within four weeks. The petitioner was allowed to continue at his original place of posting until a fresh decision is taken.
Law Points
- Transfer policy
- compliance with policy
- administrative orders
- judicial review of transfers
- natural justice
