Back
DEBANGSU BASAK, MD. SHABBAR RASHIDI
Subrata Chakravorty – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Appellant has assailed the judgment and order dated December 21, 2022 passed in WPA 19024 of 2022 dismissing the writ petition of the appellant.
2. Learned advocate appearing for the appellant has submitted that, the appellant is working as Office Superintendent under the West Bengal Board of Secondary Education. As employee of the Board, appellant is governed by the Office Order dated March 23, 2007 which is the transfer policy for the officers and employees of the Board.
3. Learned advocate appearing for the appellant has contended that, although, the transfer policy cannot be said to have statutory flavour, nonetheless, such transfer policy is required to be taken into consideration by the Administration while issuing an order of transfer in respect of officers and employees of the Board.
4. Referring to the facts of the present case, learned advocate appearing for the appellant has contended that, appellant has crossed the age of 52 years. Since appellant has crossed the age of 52 years, appellant should not have been transferred from his post at Kolkata. Moreover, appellant has to look after his ailing mother and that, the medical condition of the a
The court established that transfer policies, while important, do not confer absolute rights against transfer, and administrative discretion under statutory authority prevails.
Transfer orders can only be challenged if issued with mala fides or in violation of statutory provisions; compliance with transfer policy is essential.
Statutory transfer powers under Rule 226 IREC prevail over policy guidelines; no interference with administrative exigency transfers absent mala fides, despite tenure/policy deviations or personal ha....
Judicial review of transfer orders is limited; absence of a defined transfer policy renders such orders arbitrary, necessitating formulation of a policy.
Transfer decisions may prioritize administrative needs over statutory rights; executive guidelines do not impose enforceable rights upon employees regarding transfer policies.
Administrative transfers are not subject to judicial review unless issued by an incompetent authority or based on mala fides, reaffirming the principle that employees cannot claim a right to remain i....
Transfer orders within a corporation are valid administrative actions and do not require statutory regulations, affirming the limited scope of judicial review in such matters.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
