Case Note & Summary
The petitioner, Dr. Pralhad Sukhdeorao Malusare, was appointed as a Medical Officer in the Maharashtra Medical and Health Services Class-II on 9 July 1982 on probation for two years. He was transferred from Bhandara to Chandrapur by an order dated 4 October 2002. The petitioner challenged this transfer order before the Maharashtra Administrative Tribunal, Nagpur Bench, in Transfer Application No. 661/1992, which was dismissed. Aggrieved, the petitioner filed the present writ petition before the Bombay High Court, Nagpur Bench. The petitioner contended that the transfer was punitive and mala fide, and that it violated the transfer policy. The respondents, including the State of Maharashtra and the Zilla Parishad, Bhandara, opposed the petition. The High Court, after hearing the parties, held that transfer is an incidence of service and not a punishment. The court further held that allegations of mala fides cannot be considered without impleading the officer who passed the order. The court also observed that the transfer policy does not confer any vested right on an employee to be posted at a particular place. Consequently, the writ petition was dismissed, and the order of the Tribunal was upheld.
Headnote
A) Service Law - Transfer - Incidence of Service - Transfer is an incidence of service and not a punishment - The court held that transfer of a government servant is a condition of service and does not amount to punishment unless it is stigmatic or penal in nature (Para 4). B) Service Law - Transfer - Mala Fides - Allegation of mala fides against transfer order cannot be considered unless the officer who passed the order is impleaded as a party - The court held that without impleading the officer, the allegation of mala fides cannot be entertained (Para 4). C) Service Law - Transfer - Policy - Transfer policy does not confer any vested right on an employee to be posted at a particular place - The court held that the petitioner cannot claim a right to be posted at a particular place based on policy (Para 4).
Issue of Consideration
Whether the transfer order of the petitioner from Bhandara to Chandrapur was valid and not punitive, and whether the Maharashtra Administrative Tribunal erred in dismissing the transfer application.
Final Decision
The writ petition is dismissed. The order of the Maharashtra Administrative Tribunal dated 4 October 2002 is upheld.
Law Points
- Transfer is an incidence of service
- Transfer order cannot be challenged on ground of mala fides without impleading the officer who passed the order
- Transfer policy does not confer any vested right on employee to be posted at a particular place
