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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Amarjeet Singh Dagar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. details of petitioner's transfer and background. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. petitioner arguments against the transfer. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 3. court's reasoning on transfer legality. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. dismissal of petition with clarifications. (Para 30 , 31 , 32) |
JUDGMENT
Navin Chawla, J. The present petition has been filed seeking setting aside of the order dated 04.09.2020 (hereinafter referred to as the `impugned order') passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (in short, the learned `CAT') in OA No. 1230 of 2020, dismissing the petition filed by the petitioner. The petitioner further prays for quashing and setting aside of the Office Order No. 21(19)/2020/Coord unit/C.E(W CUMTLQA)/EE-C II dated 09.04.2020 (hereinafter referred to as the `impugned Office Order') issued by the respondent no. 2, transferring the petitioner from New Delhi to Jaipur.
I. FACTS
2. It is the case of the petitioner that the petitioner, in June 1992, joined as a Section Officer in the Horticulture Wing of the respondent no.2. While in service, during the yea
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 ....
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 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....
Transfer is incident of service; no vested right to implementation if cancelled for valid administrative reasons like unauthorized absence; compassionate transfer needs certified disability proof; no....
Transfer as an incident of public service and the employer's prerogative to decide transfers based on administrative exigency.
Government employees have no vested right to remain posted at a preferred location; transfers based on administrative exigencies are permissible unless statutory violations occur.
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....
Government servants can be transferred in administrative exigencies, and courts are reluctant to interfere with transfer orders unless there is a violation of statutory provisions or mala fides.
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