Case Note & Summary
The petitioner, a Junior Engineer in the Public Works Department of Karnataka, challenged his transfer order dated 20.09.2019 passed by the Chief Engineer, Communication & Building (South), Bengaluru, and the subsequent order of the Karnataka State Administrative Tribunal dated 22.10.2019 rejecting his application. The petitioner contended that the transfer was in violation of the transfer policy and was motivated by mala fides. The respondents argued that transfer is an incident of service and the policy does not confer any vested right. The High Court, after hearing the parties, held that transfer is an incidence of service and the employer has the right to transfer an employee in administrative exigencies. The court observed that the transfer policy is only a guideline and does not create any enforceable right. The court further held that the scope of judicial review in transfer matters is very limited and the Tribunal ought not to have entertained the application. The writ petition was dismissed, upholding the transfer order and the Tribunal's order.
Headnote
A) Service Law - Transfer - Transfer is an incident of service - The court held that transfer is an incidence of service and the employer has the right to transfer an employee in administrative exigencies. The court cannot interfere with transfer orders unless they are mala fide or in violation of statutory rules. (Paras 5-10) B) Service Law - Transfer Policy - No vested right - The court held that the transfer policy does not confer any vested right on an employee to remain at a particular place. The policy is only a guideline and not a rule of law. (Paras 7-9) C) Administrative Law - Judicial Review - Limited scope - The court held that the scope of judicial review in transfer matters is very limited and the Tribunal ought not to have entertained the application. (Paras 8-10)
Issue of Consideration
Whether the transfer order of the petitioner is liable to be quashed on the ground of violation of transfer policy or mala fides.
Final Decision
The writ petition is dismissed. The order of the Tribunal and the transfer order are upheld.
Law Points
- Transfer is an incident of service
- Courts cannot interfere with transfer orders unless mala fides or violation of statutory rules
- Transfer policy does not confer any vested right
- Administrative Tribunal's jurisdiction is limited in transfer matters
