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PARTHA SARTHY
Manish Kumar – Appellant
Versus
State of Bihar – Respondent
Partha Sarthy, J.—Heard learned counsel for the petitioner, learned counsel for the State of Bihar and learned Senior counsel for the respondent no.6.
2. The petitioner has filed the instant application for the following reliefs:—
“(I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the notification dated 30.06.2025 issued under the signature of the Respondent no.3 and contained in his memo no.7261 dated 30.06.2025 whereby and where under a corrigendum was issued by the Respondent no.3, modifying the place of posting of 24 Executive Officers of different Urban Local Bodies, who were transferred and post, their present place of posting vide notification dated 30.06.2025 issued under the signature of the Respondent no.3 and contained in his memo no.7259 dated 30.06.2025, so far change of place of posting of petitioner and Respondent no.6 is concerned.
(II) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the order dated 14.08.2025 issued under the signature of the Respondent no.5 and contained in his memo no.2905 dated 14.08.2025, whereby and where under the Respondent no.5 has been pleased to relieve the Respondent no.6 from the
The court affirmed that transfer of a government employee is a necessary incident of service, with limited grounds for judicial review, primarily focusing on administrative necessity without proof of....
Transfer orders in public service are valid unless proven mala fide or in violation of statutory provisions.
The main legal point established in the judgment is that the issue of transfer is a prerogative of the employer, and the courts cannot interfere with transfer orders made on administrative grounds un....
The court affirmed that transfer orders are administrative decisions and should not be interfered with unless proven to be arbitrary or in violation of statutory provisions.
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
Transfers in public service can be made on administrative grounds without detailed justification, provided they do not violate statutory rules or are made in bad faith.
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