Case Note & Summary
The petitioner, Naresh K. Gupta, a Group A officer serving as Ex-Chief Engineer (Construction and Survey) at the Western Railway Headquarters in Mumbai, challenged his transfer order dated 20th September 2003 transferring him to Delhi. He filed an Original Application (O.A. No.228 of 2003) before the Central Administrative Tribunal, which was dismissed on 1st April 2003. The Tribunal relied on the petitioner's appointment order and the Railway Establishment Rules to hold that the petitioner, being a Group A officer, had an All India transfer liability. Aggrieved, the petitioner filed a writ petition before the Bombay High Court. The High Court considered the submissions of the petitioner's counsel, Mr. J.P. Cama, who argued that the transfer was arbitrary and malafide, and the respondents' counsel, Mr. Suresh Kumar, who supported the transfer as an administrative necessity. The court examined the appointment order and the relevant rules and found that the petitioner was indeed liable to be transferred anywhere in India. The court held that transfer is an incident of service and that judicial review of transfer orders is limited to cases of mala fides, violation of statutory rules, or incompetence of the authority. No such grounds were established. The court also noted that the petitioner had not impleaded any person against whom mala fides were alleged. Consequently, the writ petition was dismissed, and the transfer order was upheld.
Headnote
A) Service Law - Transfer - All India Transfer Liability - Group A Officer - The petitioner, a Group A officer of the Indian Railways, challenged his transfer from Mumbai to Delhi. The court held that as per the appointment order and Railway Establishment Rules, the petitioner was liable to be transferred anywhere in India. The transfer was an administrative decision and not shown to be malafide or in violation of any statutory rule. The Tribunal's refusal to interfere was upheld. (Paras 1-5) B) Service Law - Judicial Review - Transfer Orders - Scope - The court reiterated that transfer orders are an incident of service and can be interfered with only if they are malafide, in violation of statutory rules, or passed by an incompetent authority. No such grounds were made out in the present case. (Paras 3-5)
Issue of Consideration
Whether the transfer order of a Group A officer of the Western Railway is liable to be set aside on grounds of being arbitrary, malafide, or in violation of rules.
Final Decision
The writ petition is dismissed. The order of the Central Administrative Tribunal dated 1st April 2003 in O.A. No.228 of 2003 is upheld. The transfer order dated 20th September 2003 is sustained.
Law Points
- Transfer is an incident of service
- All India transfer liability
- No right to choose place of posting
- Judicial review limited to mala fides or violation of statutory rules
- Tribunal's refusal to interfere upheld
