Case Note & Summary
The petitioner, P.S. Venkatesh, an Inspector in the Border Security Force (BSF) with over 36 years of service, challenged a movement order dated 08.02.2021 transferring him from Yelahanka, Bengaluru to Odisha. He had joined BSF as a Constable in 1984 and had served in various parts of the country. The petitioner contended that the transfer was in violation of the BSF transfer policy and that his representation against the transfer was not considered. The respondents argued that transfer is an incident of service and the order was passed in public interest. The court examined the transfer policy and found that the impugned order did not adhere to the policy guidelines. Additionally, the court noted that the petitioner's representation dated 08.02.2021 was not considered by the respondents. The court held that while courts do not ordinarily interfere with transfer orders, they must be in accordance with the policy and the authority must consider any representation. The court quashed the movement order and directed the respondents to consider the petitioner's representation afresh and pass a reasoned order within four weeks. The writ petition was allowed.
Headnote
A) Service Law - Transfer - Judicial Review - Transfer Policy - The court examined the validity of a transfer order issued by the BSF transferring the petitioner from Bengaluru to Odisha. The court held that while transfer is an incident of service, it must be in accordance with the applicable transfer policy and the authority must consider any representation made by the employee. The impugned order was quashed as it did not comply with the policy and the representation was not considered. (Paras 1-10) B) Administrative Law - Consideration of Representation - Natural Justice - The court held that when an employee makes a representation against a transfer order, the authority must consider it objectively and pass a reasoned order. Failure to do so renders the transfer order arbitrary and liable to be set aside. (Paras 5-8)
Issue of Consideration
Whether the impugned transfer order dated 08.02.2021 transferring the petitioner from Bengaluru to Odisha is valid and whether the respondents were required to consider the petitioner's representation before effecting the transfer.
Final Decision
The writ petition is allowed. The impugned movement order dated 08.02.2021 is quashed. The respondents are directed to consider the representation of the petitioner dated 08.02.2021 afresh and pass a reasoned order within four weeks.
Law Points
- Transfer order
- administrative law
- judicial review
- transfer policy
- consideration of representation
- Border Security Force Act
