Case Note & Summary
The petitioner, a police constable, challenged his transfer order dated 18.01.2020 from Jamnagar District to Police Headquarters, Vadodara (Rural), and the subsequent order dated 21.01.2020. He contended that the transfer was punitive, without any administrative exigency, and in violation of the transfer policy. The court examined the transfer policy and found that the petitioner had not completed the minimum tenure and no reasons were recorded for the transfer. The court held that the transfer order was arbitrary and quashed it, directing the respondents to allow the petitioner to continue at his original place of posting.
Headnote
A) Service Law - Transfer - Administrative Exigency - Transfer order must be based on administrative exigency and not punitive - The court held that the impugned transfer order was passed without following the transfer policy and without recording reasons, making it arbitrary and liable to be set aside (Paras 5-10). B) Service Law - Transfer Policy - Compliance - Transfer order must comply with the transfer policy of the department - The court found that the transfer was made in violation of the policy which required posting for a minimum period and consideration of representations (Paras 7-9). C) Constitutional Law - Article 226 - Writ Jurisdiction - Interference with Transfer Orders - Writ court can interfere if transfer order is arbitrary, mala fide, or in violation of statutory rules - The court exercised its jurisdiction to quash the transfer order as it was not based on any administrative exigency (Paras 10-12).
Issue of Consideration
Whether the transfer order of the petitioner from Jamnagar District to Police Headquarters, Vadodara (Rural) is arbitrary, violative of the transfer policy, and liable to be quashed
Final Decision
The court quashed the impugned transfer orders dated 18.01.2020 and 21.01.2020 and directed the respondents to allow the petitioner to continue at his original place of posting.
Law Points
- Transfer order must be based on administrative exigency
- not punitive
- transfer policy must be followed
- reasons must be recorded
- writ court can interfere if order is arbitrary or mala fide
