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 arbitrary, mala fide, and in violation of the Karnataka Survey Settlement and Land Records Service (General Recruitment) Rules, 1967. The respondents opposed the petition, arguing that the transfer was made in public interest and that the petitioner had already joined at the transferred place. The court, after hearing both sides, held that transfer is an incident of service and courts should not interfere with transfer orders unless they are mala fide or in violation of statutory rules. The court found no merit in the petitioner's contentions and dismissed the petition, noting that the petitioner had already joined at the new place of posting.
Headnote
A) Service Law - Transfer - Incident of Service - Transfer order challenged on grounds of hardship and alleged violation of Rules - Court held that transfer is an incident of service and courts should not interfere unless mala fide or in violation of statutory rules - Petitioner's transfer from Belgaum to Bangalore was in public interest and not vitiated - Petition dismissed (Paras 1-6).
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 being arbitrary, mala fide, or in violation of the Karnataka Survey Settlement and Land Records Service (General Recruitment) Rules, 1967?
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
- Transfer order passed in public interest is not subject to judicial review on grounds of hardship
Case Details
2013 LawText (KAR) (03) 19
Writ Petition No.38257/2012 (S-TR)
Sri C.M. Nagabhushan for Sri P.N. Rajeswara (for petitioner), Sri Raghavendra G. Gayatri, HCGP (for respondents)
The Assistant Commissioner, Bangalore South Sub-Division; The Assistant Director of Land Record, Belgaum; The Commissioner, Department of Survey Settlement and Land Records, Bangalore
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Nature of Litigation
Service matter challenging transfer order
Remedy Sought
Direction to respondents to relieve the petitioner from his duties as Surveyor at Belgaum pursuant to transfer order dated 13.08.2012
Filing Reason
Petitioner challenged transfer order as arbitrary, mala fide, and in violation of statutory rules
Issues
Whether the transfer order is arbitrary and mala fide?
Whether the transfer order violates the Karnataka Survey Settlement and Land Records Service (General Recruitment) Rules, 1967?
Submissions/Arguments
Petitioner argued that transfer was arbitrary, mala fide, and in violation of Rules
Respondents argued that transfer was in public interest and petitioner had already joined at transferred place
Ratio Decidendi
Transfer is an incident of service. Courts should not interfere with transfer orders unless they are mala fide or in violation of statutory rules. The transfer order in question was made in public interest and not vitiated.
Judgment Excerpts
This writ petition has been filed to issue direction to the respondent Nos.2 and 3 to relieve the petitioner of his duties as Surveyor from the office of the 2nd respondent, pursuant to an official memorandum dated 13.08.2012 issued by the 2nd respondent.
Transfer is an incident of service. Courts should not interfere with transfer orders unless they are mala fide or in violation of statutory rules.
Procedural History
Petitioner filed writ petition under Articles 226 and 227 of the Constitution of India challenging transfer order dated 13.08.2012. The petition was reserved for orders and pronounced on 13.03.2013.
Acts & Sections
- Constitution of India: Articles 226, 227
- Karnataka Survey Settlement and Land Records Service (General Recruitment) Rules, 1967:
