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CHANDRA DHARI SINGH
Sanjeev Kumar Kashyap – Appellant
Versus
Union of India – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)--The instant writ petition under Article 226/227 of the Constitution of India has been filed on behalf of petitioner seeking the following reliefs:
"a) Set aside the order/impugned action of rejection Dated 21/07/2020(Annexure P/-14) on the application of the petitioner for transfer from Khetri Copper Complex, Jhunjhunu, Rajasthan to Regional Sales Office, Delhi and direct the respondents to transfer the petitioner to Regional Sales Office, Delhi...
b) Any other order/relief which this Hon'ble Court may deem fit and proper in the peculiar facts and circumstances of the case be issued in favour of the petitioner, in the interest of justice."
2. Learned Counsel appearing on behalf of the petitioner submitted that the present writ has been filed by the petitioner being aggrieved by the decision of CMD, Hindustan Copper Ltd. (hereinafter "HCL"), respondent No. 3. The respondent No. 3 vide its office order dated 21st July 2020, has rejected the representation dated 23rd April 2020, made by the petitioner for his transfer from Khetri Copper Complex, Jhunjhun, Rajasthan (hereinafter "KCC") to the Delhi Regional Office.
3. It is submitted that the petiti
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....
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 ....
Transfers are exigency of service; no right to choice posting; courts interfere only on proven mala fides.
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