Case Note & Summary
The petitioner, Sri Shripati Mariyappa Doddalingannavar, a Depot Manager in NWKRTC, challenged his transfer from the Vigilance Department to the post of Depot Manager by an order dated 13.06.2024 and a consequential endorsement dated 27.07.2024. He filed a writ petition under Articles 226 and 227 of the Constitution of India seeking certiorari to quash these orders. The court noted that the petitioner had already approached the court in W.P. No.103386/2024, where the same grounds were urged and answered by a Coordinate Bench. The court held that it would not be necessary to reiterate those grounds as they were already dealt with. The court observed that transfer is an incident of service and cannot be interfered with unless mala fide or in violation of statutory rules. Since the petitioner failed to make out any such case, the petition was dismissed as devoid of merit. The court did not find any reason to interfere with the transfer order.
Headnote
A) Service Law - Transfer - Transfer is an incident of service - The court held that transfer orders are administrative decisions and cannot be interfered with unless shown to be mala fide or in violation of statutory rules. The petitioner's grounds were already urged and answered in a previous writ petition (W.P. No.103386/2024) before a Coordinate Bench. (Paras 3-4) B) Service Law - Res Judicata - Earlier decision binding - The court observed that since the petitioner had already approached the court in W.P. No.103386/2024 and the grounds were answered, the same grounds cannot be re-agitated. The petition was dismissed as devoid of merit. (Paras 3-4)
Issue of Consideration
Whether the transfer order dated 13.06.2024 and consequential endorsement dated 27.07.2024 transferring the petitioner from Vigilance Department to the post of Depot Manager are liable to be quashed.
Final Decision
Writ petition dismissed as devoid of merit.
Law Points
- Transfer is an incident of service
- Transfer order cannot be interfered with unless mala fide or in violation of statutory rules
- Writ petition dismissed as grounds already urged and answered in earlier writ petition
