Case Note & Summary
The petitioner, B.G. Rajagopal, a Surveyor in the Department of Survey Settlement and Land Records, was transferred from Belgaum to Bangalore by an official memorandum dated 13.08.2012 issued by the 2nd respondent. He filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondents to relieve him from his duties at Belgaum pursuant to the transfer order. The petitioner contended that the transfer was mala fide and in violation of statutory rules. The High Court of Karnataka, after hearing the parties, held that transfer is an incident of service and a condition of service. Courts should not interfere with transfer orders unless they are mala fide or in violation of statutory rules. The petitioner has no vested right to be posted at a particular place. The transfer order was passed in public interest and administrative exigency. The petitioner failed to establish any mala fides or violation of rules. Consequently, the writ petition was dismissed.
Headnote
A) Service Law - Transfer - Incident of Service - Transfer is an incident of service and a condition of service. Courts should not interfere with transfer orders unless they are mala fide or in violation of statutory rules. The petitioner has no vested right to be posted at a particular place. (Paras 4-6) B) Service Law - Transfer - Public Interest - Transfer order passed in public interest and administrative exigency cannot be interfered with lightly. The petitioner failed to establish mala fides or violation of rules. (Paras 5-6)
Issue of Consideration
Whether the transfer order dated 13.08.2012 transferring the petitioner from Belgaum to Bangalore is liable to be quashed on grounds of mala fides or violation of statutory rules.
Final Decision
Writ petition dismissed. No order as to costs.
Law Points
- Transfer is an incident of service
- Courts should not interfere with transfer orders unless mala fide or in violation of statutory rules
- Petitioner has no vested right to be posted at a particular place
