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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Sujata Rathore – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's transfer from delhi to udhampur. (Para 1) |
| 2. petitioner's claim of premature transfer. (Para 2) |
| 3. respondent's defense on contract terms. (Para 3) |
| 4. court's analysis of transfer policy. (Para 4 , 6 , 7 , 8) |
| 5. conclusion: no case for interference. (Para 9) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Amit Bansal, J. This petition has been filed by the petitioner, being Mahila/Inspector (Ministerial Cadre) with respondents Central Reserve Police Force (CRPF) impugning the transfer orders/signals dated 12th July, 2021 and 26th July, 2021 transferring the petitioner from her present place of posting at Delhi to Udhampur.
2. The counsel for the petitioner contends that petitioner had a hard posting from 2014 to 2017 at Srinagar and thereafter on 29th March, 2017 was posted in Pinjore, Haryana. On 1st August, 2020, after completion of three years posting in Pinjore, the petitioner was transferred to Delhi and therefore, the petitioner is being prematurely transferred out of Delhi to Udhampur only after a tenure of one year. It is further submitted that the petitioner has a school going child and the aforesaid transfer would disrupt the academic activities of her chil
Transfer of employees is a condition of service under established policies; courts limit interference to cases of mala fides or statutory violations.
The court's decision was based on the interpretation of the old and new transfer policies and their applicability to the petitioners.
The central legal point established is that the transfer of the petitioner was in accordance with the Standing Order 07/2014, which governs postings upon promotion.
The main legal point established in the judgment is that transfer orders made in public interest and for administrative reasons, with proper justification and grounds provided by the authorities, sho....
Judicial intervention in transfer matters is warranted when decisions violate established transfer policies and principles of fairness, ensuring no arbitrary actions by authorities.
Administrative authorities must adhere to established standing orders regarding personnel transfers, and courts must respect compliance with procedure unless clear irregularity is shown.
A CRPF personnel's eligibility for transfer and relaxation of transfer conditions on medical grounds are determined by the Standing Order, and completion of prescribed tenures justifies transfer orde....
Transfer is an incident of service and an employee has no vested right to a particular posting. While premature transfers against an established tenure should ideally be justified by administrative r....
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