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DIPANKAR DATTA, M. S. KARNIK
Shahnawaz Bukhari – Appellant
Versus
Haj Committee Of India – Respondent
JUDGMENT
1. By instituting this writ petition dated 9th May, 2022, the petitioner takes exception to the order dated 7th April, 2022, issued by the Deputy Chief Executive Officer, (Accounts), Haj Committee of India (hereafter 'HCoI', for short) as well as the order dated 14th April, 2022, issued by the same officer. The first of the impugned orders dated 7th April, 2022 transferred the petitioner, an Upper Division Clerk working under the HCoI, from Mumbai and required him to report, latest by 11th April, 2022, to the Liaison office of HCoI at Dariyaganj, New Delhi and to work under the supervision of Mr. Mohammed Sultan Khan, In-charge, Liaison Office, New Delhi till further orders. Immediately after receipt of the transfer order, the petitioner by his representation dated 8th April, 2022 had requested the Chief Executive Officer, HCoI to keep the order of transfer in abeyance for at least 20-25 days on the ground that his mother, aged about 75 years, was suffering from various ailments and weaknesses and that his three children are due to appear in ensuing examinations. The representation of the petitioner dated 8th April, 2022 stood rejected by the second of the impugned orders d
Transfer as an incident of public service and the employer's prerogative to decide transfers based on administrative exigency.
The main legal point established is that transfer in a transferable job is an exigency of service, and the Courts should not readily interfere with transfer orders made in public interest and for adm....
Transfer orders in public administration are justified unless proven to be mala fide, unlawful, or against established statutory provisions; no absolute right for an employee to remain in one postal ....
Transfer is an incident of service and an employee does not have any legal right to be transferred to a place of their choice. The needs of the administration take precedence above the preferences of....
Transfer is incident of service; no vested right to implementation if cancelled for valid administrative reasons like unauthorized absence; compassionate transfer needs certified disability proof; no....
Transfer orders in government service must be made in public interest and administrative exigencies, and modifications to such orders require valid justification; courts will not interfere unless the....
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