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JYOTI SINGH
Umesh Chandra Singh – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Jyoti Singh, J. - Challenge in the present petition is to an order dated 15.04.2020 passed by Respondent Nos. 2 and 3 (hereinafter referred to as NTPC) whereby the representation of the Petitioner dated 18.02.2020 has been rejected as well as to the Transfer Order dated 22.10.2020 and Release Order dated 28.10.2020 transferring the Petitioner to NTPC Kudgi, Karnataka. A direction is also sought to NTPC to post the Petitioner on the post of 'Scientist' in Research and Development Department (R&D), NETRA.
2. Petitioner had challenged his earlier Transfer to KBUNL, Kanti, Bihar, in a spate of litigation and although in the present petition the challenge is to a Transfer Order, whereby the Petitioner is transferred to Kudgi, however, the grounds for challenge are more or less the same.
3. As narrated in the petition, the facts necessary to decide the controversy involved in the present petition are that the Petitioner, after completing his M.Tech and having joined Bhabha Atomic Research Centre as a Scientist in the specialized area of Fracture Mechanics, Creep and Fatigue Analysis till 10.05.2005, responded to an Advertisement issued on 30.10.2004 by NTPC for recruitment of two S
Administrative transfers are valid if justified by exigency and do not violate policy; employees cannot claim a right to remain in a specific post.
The main legal point established is that the employer's right to transfer employees as per administrative requirements and the limited scope of interference by the Courts in transfer matters, unless ....
Transfer orders within a company are administrative decisions that can be contested only on grounds of mala fides or clear policy violations, not merely for causing personal inconvenience.
An employee's transfer is justified under employment terms, and courts have limited grounds to interfere unless mala fides or statutory violations are established.
Judicial review of transfer orders is limited to cases of mala fides or clear policy violations; routine administrative transfers do not warrant intervention.
The main legal point established in the judgment is the importance of following the transfer policy and statutory provisions in making transfer decisions, and the binding nature of policies framed by....
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