Case Note & Summary
The petitioner, Sri Somanna, and respondent No.3, Megaraj, were both working as Work Inspectors in the Cotton Pet Sub-Division of Bruhat Bangalore Mahanagara Palike (BBMP). By an Office Order dated 03.02.2014 (Annexure-D), the petitioner was posted to Ward No.121 and respondent No.3, who was working in Ward No.121, was posted to Ward No.109. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash this transfer order. The petitioner contended that the transfer was arbitrary, as there was frequent shifting of the petitioner from one Ward to another due to interference of politicians and at the behest of respondent No.3. The respondents 1 and 2 (the Commissioner and Deputy Commissioner of BBMP) contended that the impugned order was issued in exigencies of service and being an administrative decision, no interference was called for. The court considered the submissions and held that transfer is an incident of service and an administrative decision. Courts should not interfere with transfer orders unless they are made in violation of statutory rules or are mala fide. The petitioner's allegation of frequent transfers due to political interference was not substantiated. The court found no merit in the petition and dismissed it.
Headnote
A) Service Law - Transfer - Administrative Decision - Transfer is an incident of service and an administrative decision - Courts should not interfere with transfer orders unless they are made in violation of statutory rules or are mala fide - The petitioner's allegation of frequent transfers due to political interference was not substantiated - Held that the transfer order was valid and the writ petition was dismissed (Paras 1-4).
Issue of Consideration
Whether the transfer order dated 03.02.2014 transferring the petitioner from Ward No.121 to Ward No.109 is arbitrary and liable to be quashed.
Final Decision
The writ petition was dismissed. No order as to costs.
Law Points
- Transfer is an incident of service
- administrative decision
- no interference unless mala fides or violation of statutory rules
- writ petition dismissed
