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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Ravi Kumar Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. second litigation round concerning transfer orders. (Para 1 , 2) |
| 2. petitioner's arguments against transfer and its impact. (Para 3 , 4) |
| 3. factual background of petitioner's service history. (Para 5 , 6) |
| 4. examination of representation under applicable rules. (Para 7) |
| 5. court's reasoning based on established law regarding transfers. (Para 8) |
| 6. final dismissal of the petition with no merit. (Para 9) |
1. Pertinently, this is second round of litigation by the petitioner before this Court. The petitioner in the first round of litigation being W.P.(C) No. 14736/22 had sought quashing of the signals dated 15.09.2022 and 21.09.2022 and movement order dated 06.10.2022 passed by the respondents. In the first round of litigation and this Court vide decision dated 18.10.2022 had directed the competent authority of respondents to decide petitioner's representation dated 21.09.2022 within two weeks.
2. Aggrieved against the decision dated 25.10.2022 passed by the respondents apropos thereto, the present petition has been preferred by the petitioner seeking quashing of the said order dated 25.10.2022; signals dated 15.09.2022 and 21.09.2022 and movement order
The court upheld the authority's discretion in transfer decisions, emphasizing the need for demonstrating arbitrariness for judicial intervention in military postings.
The main legal point established in the judgment is that unless arbitrariness is shown, the court should refrain from interfering in transfer and posting orders, especially in the case of armed force....
Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
The vacancy position as the primary criteria for issuing posting/transfer/attachment orders and the plenary power of the Director General BSF in this regard.
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....
Transfer of the petitioner - Judicial interference in an incidence of service i.e., transfer can be only on malafides, incompetence or violation of any Rule/policy/operative guidelines.
The administrative prerogative power of transfer and the limited scope of court interference in transfer orders made in public interest and for administrative reasons.
The court ruled that transfer orders must be justified and not arbitrary, especially when they impact an employee's career advancement.
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....
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
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