Case Note & Summary
The petitioner, Sri B.T. Mohan Krishna, an Executive Engineer in the Bruhath Bangalore Mahanagara Palike (BBMP), filed a writ petition under Article 226 of the Constitution of India challenging an order of internal transfer dated 06.09.2013. By the impugned order, he was transferred from his post of Deputy Director (Town Planning-South), Bangalore to the office of the Chief Engineer (Lakes), Bangalore. The petitioner contended that the transfer was not in public interest but was passed solely to accommodate respondent No.3, Sri T.P. Panchaksharaiah, by giving him a posting of his choice. The BBMP, in its statement of objections, submitted that the transfer was necessitated because respondent No.3 did not report for duty at the office to which he was posted and insisted on a particular posting. The court, after hearing the parties, observed that transfer is an incident of service and courts cannot interfere with transfer orders unless they are shown to be mala fide or in violation of statutory rules. The petitioner failed to produce any material to establish mala fides on the part of the respondents. Consequently, the writ petition was dismissed. No order as to costs.
Headnote
A) Service Law - Transfer - Internal Transfer - Administrative Decision - The petitioner, an Executive Engineer in BBMP, challenged his internal transfer order dated 06.09.2013. The court held that transfer is an incident of service and courts cannot interfere with transfer orders unless they are mala fide or violate statutory rules. The petitioner failed to establish mala fides. (Paras 1-3) B) Service Law - Transfer - Mala Fides - Burden of Proof - The petitioner alleged that the transfer was to favour respondent No.3. The BBMP stated that respondent No.3 did not report for duty and insisted on a particular posting. The court found no material to substantiate mala fides and dismissed the petition. (Paras 2-3)
Issue of Consideration
Whether the impugned order of internal transfer of the petitioner from the post of Deputy Director (Town Planning-South) to the office of Chief Engineer (Lakes) is liable to be quashed on the ground that it was passed to favour respondent No.3.
Final Decision
Writ petition dismissed. No order as to costs.
Law Points
- Transfer is an incident of service
- Courts cannot interfere with transfer orders unless mala fides or violation of statutory rules is established
- Internal transfer within the same cadre does not require consent of employee
