Case Note & Summary
The petitioner, Sandeep Dashrath Shirsath, was working as an Agricultural Officer at Panchayat Samiti Paithan, Aurangabad. He was transferred by an order dated 30.06.2016 to Zilla Parishad Akola. The petitioner challenged this transfer order on the grounds that it was malafide, passed without application of mind, and in violation of the transfer policy. He alleged that the transfer was made to accommodate respondent No.6, M.U. Patkar, who was transferred from Akola to Paithan at his place. The petitioner contended that he had a fixed tenure of five years and was transferred mid-session without any valid reason. The respondents argued that the transfer was in public interest and as per the policy. The court examined the transfer policy and found that the transfer was not in public interest but was a case of mutual transfer without following the proper procedure. The court noted that the petitioner was transferred without any complaint or adverse report and that the transfer was effected to accommodate respondent No.6. The court held that the transfer order was arbitrary, malafide, and violative of the transfer policy. The court quashed the transfer order and directed the respondents to allow the petitioner to continue at Panchayat Samiti Paithan. The court also directed that the petitioner be paid his salary and allowances for the period he was kept out of work.
Headnote
A) Service Law - Transfer - Malafides - Transfer Policy - The petitioner challenged his transfer on grounds of malafides and violation of the transfer policy. The court held that the transfer order was passed without application of mind and was motivated by extraneous considerations, as the petitioner was transferred mid-academic session and the respondent No.6 was accommodated at his place. The court quashed the transfer order and directed the respondents to allow the petitioner to continue at his original place of posting. (Paras 1-10) B) Service Law - Transfer Policy - Binding Nature - The court held that the transfer policy issued by the government is binding and must be followed. The transfer order in this case violated the policy as it was not in public interest but to accommodate a particular individual. (Paras 5-8)
Issue of Consideration
Whether the transfer order of the petitioner from Panchayat Samiti Paithan to Zilla Parishad Akola is valid and in accordance with the transfer policy, and whether it is vitiated by malafides.
Final Decision
The court allowed the writ petition, quashed the transfer order dated 30.06.2016, and directed the respondents to allow the petitioner to continue at Panchayat Samiti Paithan. The court also directed that the petitioner be paid his salary and allowances for the period he was kept out of work.
Law Points
- Transfer order can be challenged on grounds of malafides
- violation of transfer policy
- and non-application of mind. Transfer policy is binding on the government. Transfer motivated by extraneous considerations is invalid.
