Case Note & Summary
The petitioner, an Assistant Passport Officer at Thane, was transferred to Bhopal by order dated 31st March 2016. He challenged the transfer before the Central Administrative Tribunal, Bombay Bench, along with the rejection of his representation. The Tribunal dismissed the original application with costs of Rs.5000, directing the respondents to take further action as per observations in the judgment. The petitioner filed a writ petition before the Bombay High Court. The High Court held that transfer is an incident of service and the order was not punitive. The court noted that the petitioner had made a joint complaint regarding TA/DA, but that did not make the transfer mala fide. The court found no violation of principles of natural justice and upheld the Tribunal's order, dismissing the writ petition.
Headnote
A) Service Law - Transfer - Administrative Transfer - Transfer is an incident of service and can be made in public interest - The court held that the transfer order was not punitive and was based on administrative exigencies - The petitioner's prior complaint regarding TA/DA did not vitiate the transfer - (Paras 1-10) B) Service Law - Natural Justice - Right of Hearing - No right to be heard before transfer - The court held that principles of natural justice are not attracted to routine transfer orders unless the transfer is punitive or stigmatic - (Paras 5-8) C) Central Administrative Tribunal - Jurisdiction - Scope of Review - The Tribunal cannot sit in appeal over transfer orders unless mala fides or violation of statutory rules is established - The court upheld the Tribunal's dismissal with costs for abuse of process - (Paras 9-12)
Issue of Consideration
Whether the transfer order dated 31st March 2016 transferring the petitioner from Thane to Bhopal was mala fide or punitive, and whether the Tribunal erred in dismissing the original application with costs.
Final Decision
The High Court dismissed the writ petition, upholding the Tribunal's order. The court found no merit in the challenge and held that the transfer was not punitive.
Law Points
- Transfer is an incident of service
- Transfer order not punitive
- No right to be heard before transfer
- Joint complaint does not bar transfer
- CAT has no jurisdiction to review transfer on merits
