Case Note & Summary
The petitioner, Siddaraju, was serving as Commandant in the Karnataka Armed Reserve Police Mounted Company at Mysuru. He was transferred to Mangalore by an order dated 05.05.2017. Aggrieved, he filed an application before the Karnataka State Administrative Tribunal, which declined to interfere with the transfer order by its order dated 18.05.2017. The petitioner then filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka. The petitioner's counsel argued that the petitioner would attain superannuation on 30.06.2018, i.e., in about one year, and that the transfer at this stage would cause hardship. The High Court, after hearing the counsel, held that transfer is an incident of service and courts/tribunals should not interfere with transfer orders unless they are mala fide or violate statutory rules. Since no such grounds were made out, the court found no reason to interfere with the Tribunal's order. The writ petition was accordingly dismissed.
Headnote
A) Service Law - Transfer - Interference by Courts/Tribunals - Transfer is an incident of service and courts/tribunals should not interfere unless the order is mala fide or violates statutory rules - The petitioner, a Commandant in Karnataka Armed Reserve Police, was transferred from Mysuru to Mangalore with about one year left for superannuation - The Tribunal declined to interfere - Held, no ground to interfere with the Tribunal's order as no mala fides or violation of rules was established (Paras 1-3).
Issue of Consideration
Whether the Karnataka State Administrative Tribunal erred in declining to interfere with the transfer order of the petitioner, a police officer, who was due to retire in about one year.
Final Decision
Writ petition dismissed. No order as to costs.
Law Points
- Transfer is an incident of service
- Courts/Tribunals should not interfere with transfer orders unless mala fides or violation of statutory rules is shown
- Petitioner nearing superannuation cannot challenge transfer on ground of hardship
Case Details
2017 LawText (KAR) (06) 15
Writ Petition No.22904/2017 (S-KAT)
H.G.Ramesh, John Michael Cunha
H.V.Nagaraja Rao (for petitioner), M.S.Prathima (for respondents 1-3)
State of Karnataka, Director General & Inspector General of Police, Commissioner of Police, Mysuru City, Praveen Alva
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging order of Karnataka State Administrative Tribunal declining to interfere with transfer order.
Remedy Sought
Quashing of transfer order dated 05.05.2017 and Tribunal order dated 18.05.2017.
Filing Reason
Petitioner was transferred from Mysuru to Mangalore with about one year left for superannuation.
Previous Decisions
Karnataka State Administrative Tribunal by order dated 18.05.2017 in Application No.2697/2017 declined to interfere with the transfer order.
Issues
Whether the Tribunal erred in declining to interfere with the transfer order.
Submissions/Arguments
Petitioner's counsel submitted that petitioner will attain superannuation on 30.06.2018 and transfer at this stage would cause hardship.
Ratio Decidendi
Transfer is an incident of service. Courts/Tribunals should not interfere with transfer orders unless they are mala fide or violate statutory rules. No such grounds were made out.
Judgment Excerpts
This writ petition is directed against the order dated 18.05.2017 passed by the Karnataka State Administrative Tribunal, Bangalore, in Application No.2697/2017.
Learned Counsel appearing for the petitioner submitted that the petitioner will attain superannuation on 30.06.2018, a year hence.
Transfer is an incident of service. Courts/Tribunals should not interfere with transfer orders unless they are mala fide or violate statutory rules.
Procedural History
Petitioner challenged transfer order dated 05.05.2017 before Karnataka State Administrative Tribunal. Tribunal declined to interfere by order dated 18.05.2017. Petitioner then filed writ petition under Articles 226 and 227 of Constitution of India before High Court of Karnataka.
Acts & Sections
- Constitution of India: Articles 226, 227
