Case Note & Summary
The petitioner, Alla Saheb, an Executive Engineer in the District Urban Development Cell, Vijayapur, challenged his transfer order dated 18.08.2016 passed by the State of Karnataka, which posted respondent No.5 in his place. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari to quash the transfer order. The court, after hearing the petitioner's counsel and the Additional Government Advocate, dismissed the petition on the ground that transfer is an incident of service and the petitioner failed to demonstrate any mala fides or violation of statutory rules. The court held that no interference is warranted in the transfer order.
Headnote
A) Service Law - Transfer - Incident of Service - Transfer order challenged - Petitioner failed to establish mala fides or violation of rules - Held that transfer is an incident of service and courts should not interfere unless exceptional circumstances exist (Para 2).
Issue of Consideration
Whether the transfer order of the petitioner is liable to be quashed on the grounds of being arbitrary or mala fide.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Transfer is an incident of service
- Courts should not interfere with transfer orders unless mala fides or violation of statutory rules is shown
- Writ of Certiorari not available for routine transfer orders
Case Details
2016 LawText (KAR) (08) 27
Writ Petition No.204024/2016 (S-TR)
Sri P. Vilaskumar Marthand Rao for Petitioner, Smt. Archana P. Tiwari, AGA for Respondents 1 to 3
The State of Karnataka and others
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Nature of Litigation
Writ petition challenging transfer order in service matter
Remedy Sought
Quashing of transfer order dated 18.08.2016 and posting of respondent No.5 in place of petitioner
Filing Reason
Petitioner aggrieved by transfer order transferring him and posting respondent No.5 in his place
Issues
Whether the transfer order is arbitrary or mala fide and liable to be quashed
Submissions/Arguments
Petitioner argued that the transfer order was arbitrary and should be quashed. Respondents argued that transfer is an incident of service and no interference is warranted.
Ratio Decidendi
Transfer is an incident of service. Courts should not interfere with transfer orders unless mala fides or violation of statutory rules is shown. The petitioner failed to establish any such grounds.
Judgment Excerpts
Transfer is an incident of service. The petitioner has not been able to make out any case of mala fides or violation of any statutory rules. Hence, no interference is called for.
Procedural History
Petitioner filed writ petition on 23.08.2016 challenging transfer order dated 18.08.2016. The court heard the matter on 24.08.2016 and dismissed the petition.
Acts & Sections
- Constitution of India: Articles 226, 227
