Service Law – Modified transfer order – Challenge to – The Single Judge of the High Court by upholding modified order of transfer dated 20.04.2023 observed that transfer made on the basis of UO Note dated 28.02.2023 put up by the MLA itself cannot be held to vitiate the transfer until there is an allegation of any malafide exercise of powers by the respondents-authorities in issuing the order – However, the Division Bench of the High Court set aside the order of the Single Judge – Propriety:
Held: It is settled that the person challenging the transfer ought to prove on facts that such transfer is prejudicial to public interest – The interference is only justified in a case of malafide or infraction of any professed norm or principle – In view of the judicial decisions of the Supreme Court, it is clear that in absence of (i) pleadings regarding malafide, (ii) non-joining the person against whom allegation are made, (iii) violation of any statutory provision (iv) the allegation of the transfer being detrimental to the employee who is holding a transferrable post, judicial interference is not warranted – In the instant case, in absence of plea of malafide and no averment regarding violation of statutory provision taken by the private respondent before the High Court, interference as made by the Division Bench setting aside the well-reasoned judgment of the Single Judge is not justified merely on the unsubstantiated pretext that the proposed modification is arbitrary or without application of mind for the sole reason that it was mooted by the MLA – The Division Bench has committed an error in setting aside the judgment of the Single Judge of the High Court. [Paras 9.2, 10, 14] Judicial Review – Scope – Transfer orders – Discussed. [Paras
9.2 - 9.5]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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