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DELHI HIGH COURT
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Sanjeev Kapoor – Appellant
Versus
NTPC Ltd. – Respondent
| Table of Content |
|---|
| 1. appeal against transfer order. (Para 1) |
| 2. factual background of the appellant's employment. (Para 2) |
| 3. arguments regarding cadre transfer. (Para 3 , 4) |
| 4. single judge's decision on appellant's transfer. (Para 5 , 6) |
| 5. affidavit supporting respondents’ stance. (Para 9) |
| 6. judicial non-interference in administrative transfers. (Para 10 , 11 , 12) |
| 7. transfer was not based on malafides. (Para 15) |
| 8. conclusion of the court's decision. (Para 17) |
JUDGMENT
Subramonium Prasad, J.
1. The instant appeal has been filed impugning the Judgment dated 27.09.2021 passed by the learned Single Judge in W.P.(C) 14006/2019, wherein the learned Single Judge refused to interfere with the Transfer Order bearing Order No.319/2019 dated 06.12.2019 issued by National Thermal Power Corporation Ltd. i.e. Respondent No.1 herein, transferring the Appellant from the post of Junior Chemist at NTPC, Faridabad, Haryana to the post of Junior Officer, Energy Efficiency Monitor Group (hereinafter referred as "EEMG") at the Regional Inspection Office, Chennai, Tamil Nadu (hereinafter referred as "RIO, Chennai").
2. Shorn of details, the facts leading to the present LPA are as under:
i. The Appellant
Judicial review of transfer orders is limited to cases of mala fides or clear policy violations; routine administrative transfers do not warrant intervention.
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.
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 ....
An employee's transfer is justified under employment terms, and courts have limited grounds to interfere unless mala fides or statutory violations are established.
The court emphasized the necessity of fair consideration of personal circumstances in transfer decisions, without infringing upon the administrative authority's discretion.
Transfers are service incidents; must join posting first; no judicial interference absent mala fides or statutory violation.
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....
Pre-tenure transfers without reasons in order, violating policy, are arbitrary and set aside; post-hoc justifications invalid.
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