Case Note & Summary
The petitioner, Amitbhai Dineshchandra Parmar, was appointed as a Field Worker (A) in the Malaria Department of the Corporation on 3.1.1998. He served for over 28 years, was suspended in 2008 but later reinstated, and was made permanent on 6.4.2018. On 10.12.2024, the respondents issued an order transferring him from the post of Field Worker (Malaria Department) to Attendant at the Control Room of the Street Light Department, which the petitioner contended changed his cadre. He applied for leave, which was not sanctioned, and subsequently a show cause notice dated 19.2.2025 was issued. The petitioner challenged both the transfer order and the show cause notice by way of a Special Civil Application under Article 226 of the Constitution. The court, after hearing the parties, found that the transfer was not in public interest and amounted to a change in cadre, making it punitive. The court also noted that the show cause notice was issued without proper consideration of the petitioner's representation. Consequently, the court quashed and set aside the impugned order dated 10.12.2024 and the show cause notice dated 19.2.2025, directing the respondents to allow the petitioner to continue in his original post as Field Worker (Malaria Department) and to pay his regular salary and benefits.
Headnote
A) Service Law - Transfer - Cadre Change - Transfer from Field Worker to Attendant amounts to change in cadre and is punitive - The impugned order transferring the petitioner from the post of Field Worker (Malaria Department) to Attendant (Control Room, Street Light Department) was held to be illegal as it changed the petitioner's cadre and was not in public interest. The court quashed the order and show cause notice, directing the respondents to allow the petitioner to continue in his original post. (Paras 1-6) B) Service Law - Natural Justice - Show Cause Notice - Failure to consider reply before passing order violates principles of natural justice - The show cause notice dated 19.02.2025 was issued without considering the petitioner's application for leave, and the subsequent order was passed without affording proper opportunity of hearing. The court set aside both the notice and the order. (Paras 3-6)
Issue of Consideration
Whether the transfer order dated 10.12.2024 transferring the petitioner from Field Worker (Malaria Department) to Attendant (Street Light Department) is valid and legal, and whether the show cause notice dated 19.02.2025 and subsequent order are sustainable.
Final Decision
The court quashed and set aside the impugned order dated 10.12.2024 and the show cause notice dated 19.02.2025, directing the respondents to allow the petitioner to continue in his original post as Field Worker (Malaria Department) and to pay his regular salary and benefits.
Law Points
- Transfer order must not change cadre
- Transfer must be in public interest and not punitive
- Show cause notice must be responded to before adverse order
- Natural justice requires hearing before penal transfer
