Case Note & Summary
The Petitioner, Smt. Sushama Arun Patil, an Assistant Teacher, was transferred from Zilla Parishad School at Gadhinglaj to Main Rajaram High School, Kolhapur vide order dated 12th July 2019 passed by Respondent No.3 (Chief Executive Officer, Kolhapur Zilla Parishad). She joined and worked there. However, she was served with a transfer order dated 29th September 2021 passed by Respondent No.3 (a successor CEO) transferring her back. The Petitioner discovered that this subsequent transfer was a result of the Hon'ble Minister cancelling her earlier transfer order based on a complaint made by Respondent No.6 (Shri Riyaz Jahiruddin Mulla). The Petitioner challenged the Minister's interference. The Court considered the sole issue of whether the Minister could interfere in Zilla Parishad administration by cancelling a transfer order. The Court held that the Minister had no authority to interfere in the administrative affairs of the Zilla Parishad, which is a statutory body. The transfer order was passed by the competent authority, and the Minister's action was illegal. The Court quashed the Minister's order and directed that the Petitioner be allowed to continue at Kolhapur. The Court also imposed costs of Rs. 25,000 on Respondent No.6 for approaching the Minister.
Headnote
A) Administrative Law - Ministerial Interference - Transfer Orders - Zilla Parishad - The issue was whether a Minister could cancel a transfer order of a Zilla Parishad employee based on a complaint. The Court held that the Minister cannot interfere in the administration of Zilla Parishad by cancelling a transfer order merely because the affected employee approached him. The transfer order was passed by the competent authority and the Minister had no jurisdiction to cancel it. (Paras 4-6)
Issue of Consideration
Whether the Hon'ble Minister could have interfered in the administration of affairs of Zilla Parishad by cancelling the transfer order of Respondent No.6 just because Respondent No.6 had approached him by making a complaint.
Final Decision
The Court allowed the petition, quashed the Minister's order cancelling the transfer, and directed that the Petitioner be allowed to continue at Kolhapur. Costs of Rs. 25,000 imposed on Respondent No.6.
Law Points
- Minister cannot interfere in administrative transfers of Zilla Parishad
- Transfer order cancellation by Minister is illegal
- Principle of non-interference in statutory bodies
