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2004 Supreme(SC) 359

DORAISWAMY RAJU, ARIJIT PASAYAT
State Of U. P. – Appellant
Versus
Gobardhan Lal With D. K. Shuklas – Respondent


Judgement Key Points

Key Points:- Transfer is an inherent incident and essential condition of service; interference requires mala fide, statutory violation, or lack of competence in the transferring authority. (!) (!) - Courts should eschew treating transfer decisions as appellate reviews and should not issue broad, generalized directions that encroach upon executive authority; such directions undermine separation of powers. (!) (!) (!) - High Court’s omnibus directions directing approach to Chief Secretary and temporary embargo on competent authorities’ transfer powers were set aside; appeals allowed with directions to adhere to established rules and rights. (!) (!) - A challenge to transfers should be grounded in concrete materials of mala fides or statutory violations; routine or administrative guidelines cannot create legally Enforceable rights to override competent transfer decisions. (!) (!) - A competent authority retains power to transfer in public interest and exigencies of service; administrative guidelines may guide redress but do not bar transfers. (!) (!) - A court should avoid generalizing across cases and must not substitute its own decision for that of the state authorities in transfers. (!) (!) - If in writ petitions, disputed facts exist, courts should refrain from broad generalizations about transfers and promotions; rights to seek relief remain under law and established procedures. (!) (!) - Final holding: judgments of the High Court were set aside; appeals allowed with emphasis on adherence to statutory provisions and not broad interfering directions. (!)

How to determine whether a government transfer order should be interfered with by courts in light of alleged mala fides or violation of statutory provisions?What is the scope and appropriateness of court interventions in government transfers and postings, and whether general directives by courts encroached on executive power?What are the rights of government servants to challenge transfers or postings, and how should such challenges be governed by statutory provisions and established guidelines?


JUDGMENT

D. Raju, J.-Since the challenge in these appeals relates to identical orders, they are dealt with together. In Civil Appeal No. 408/2004, one Zila Desh Bhakta Society, Meerut (U.P.), has filed an application for intervention. In our view, the same does not deserve to be countenanced having regard to the nature of the rights and grievance involved for consideration in these appeals. Hence, the application is rejected.

Civil Appeal No. 408 of 2004 :

2. This appeal has been filed by the State of U.P. and others, who were arrayed as respondents before the High Court, against the order dated 3.4.2000 of a Division Bench of the Allahabad High Court in Civil Misc. Writ Petition No. 2893 of 2000, whereunder the writ petition filed challenging the transfer of the respondent came to be disposed of with certain directions - general and far-reaching in nature - affecting the rights of the Government and various officers of the Government in the administrative hierarchy to pass orders of transfer of Officers/Servants serving under them. The salient and necessary facts relating to the appeal are that the respondent, who was working as District Supply Officer, Meerut, came to be transferred
















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