Case Note & Summary
The petitioners, six Assistant Directors (QA) in the Directorate of Quality Assurance under the Director General of Supplies and Disposals, challenged their transfer orders issued by the respondent authorities. The transfers were made in public interest and in accordance with the transfer policy of the department. The petitioners contended that the transfers were arbitrary, malafide, and violated the transfer policy. The court examined the scope of judicial review in transfer matters and held that transfer is an incident of service and courts should not interfere with transfer orders made in public interest unless mala fides or violation of statutory rules is established. The court further held that the transfer policy does not confer a vested right on employees and that no prior consultation is required before issuing a transfer order. The writ petition was dismissed with no order as to costs.
Headnote
A) Service Law - Transfer - Judicial Review - Transfer orders issued in public interest and in accordance with transfer policy are not subject to judicial review unless mala fides or violation of statutory rules is established - The court held that transfer is an incident of service and courts should not interfere with transfer orders made in public interest (Paras 5-10). B) Service Law - Transfer Policy - Vested Right - Transfer policy does not confer a vested right on employees to remain at a particular place - The court held that transfer policy is merely an administrative guideline and does not create enforceable rights (Paras 5-10). C) Service Law - Natural Justice - Consultation - No requirement of prior consultation with employee before issuing transfer order - The court held that principles of natural justice do not require giving a hearing before transfer unless the order is punitive or stigmatic (Paras 5-10).
Issue of Consideration
Whether transfer orders of Assistant Directors (QA) issued by the Directorate of Quality Assurance are valid and not violative of any statutory rules or principles of natural justice.
Final Decision
Writ petition dismissed. No order as to costs.
Law Points
- Transfer orders in public interest not subject to judicial review
- Transfer policy does not confer vested right
- No requirement of prior consultation with employee
- Mala fides must be specifically pleaded and proved
