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K. VINOD CHANDRAN, SUDHANSHU DHULIA
State Of West Bengal – Appellant
Versus
Moumita Saha – Respondent
| Table of Content |
|---|
| 1. judicial review in transfer matters is limited. (Para 1 , 2 , 8) |
| 2. transfers are non-justiciable unless in cases of mala fides. (Para 3 , 11 , 12) |
| 3. grounds for transfer include hardship but must align with policy. (Para 4 , 5 , 6) |
| 4. policy decisions regarding transfers demand respect in judicial review. (Para 9 , 10 , 13) |
| 5. high court's decision overturned on grounds of administrative policy. (Para 14 , 15) |
ORDER :
2. The State of West Bengal has challenged this order on the ground that such directions could not have been issued in exercise of writ jurisdiction through a writ of mandamus, commanding the State Authorities to transfer an individual from one place to another.
4. In the present case, the respondent did not challenge any transfer order issued by the State but instead directly sought a writ of mandamus from the High Court, seeking a direction to the concerned authorities that she be transferred from Ghatal, Paschim Medinipur to Habra, North 24 Parganas in the State of West Bengal.
Provided that the State Government may, for reasons to be recorded in writing. allow an employee for transfer of his own seeking not completing five years, considering the exige
Government servants have no vested right to remain posted at a place of their choice and can be transferred in administrative exigencies. Interference with transfer orders should be limited to cases ....
Government servants have no vested right to remain posted at a place of their choice, and interference with transfer orders should be limited to cases of mala fides or violation of specific provision....
Government servants have no vested right to remain posted at a particular place, and interference with transfer orders should be limited to cases of mala fides or violation of specific provisions.
Government servants have no vested right to remain posted at a place of their choice, and courts are reluctant to interfere with transfers unless there is a violation of statutory provisions or mala ....
Judicial review of transfer orders is limited; transfers are inherent to service unless proven otherwise.
Transfer being an incident of service, employees have no legal right to be posted forever at any one particular place, and courts cannot interfere with day-to-day transfer orders unless malafide exer....
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