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VIJAY BISHNOI, KAUSHIK GOSWAMI
Union of India – Appellant
Versus
Kundan Kumar, S/o- Sri Brahmideo Prasad Yadav – Respondent
JUDGMENT :
(Vijay Bishnoi, C.J.)
This writ petition is filed by the petitioners being aggrieved with the order dated 22.03.2024 passed by the Central Administrative Tribunal (hereinafter to be referred as ‘Tribunal’), Guwahati Bench in O.A. No.279/2023 whereby the Tribunal has allowed the O.A. filed on behalf of the respondent herein and has set aside the order dated 05.09.2023 whereby the respondent was transferred from N.F. Railway to South Central Railway and has also quashed the subsequent office orders dated 14.09.2023 and 15.09.2023 whereby the respondent was relieved from the present place of posting.
2. The brief facts which are necessary for adjudication of the present writ petition are that the respondent joined as Group ‘A’ officer in Indian Railway Service of Mechanical Engineers (IRSME) on 03.12.2012 and after completion of necessary training, he was posted in Northeast Frontier Railway (N.F. Railway) on 18.06.2014. The respondent was posted at several locations in N.F. Railway, such as Lumding and Dibrugarh and while working as Senior CDO/GHY, he was transferred from Dibrugarh to Guwahati in February, 2023. However, the Railway Board vide order dated 05.09.2023 transferr
The court ruled that transfer orders are administrative decisions and can only be interfered with if proven mala fide or in violation of statutory provisions.
Transfers of government employees cannot be interfered with unless proven to be mala fide or in violation of statutory provisions; administrative exigencies govern such decisions.
Burden of proving mala fides in transfer orders is high; transfers made in public interest are generally not subject to judicial intervention unless proven arbitrary.
Transfers within service are at discretion of authorities based on administrative needs, not strictly bound by service tenure guidelines.
The authority to transfer employees lies with designated officials per company policy, and such transfers can only be challenged on grounds of mala fides or policy violation.
Judicial review of transfer orders is limited; transfers are valid unless proven to be made in mala fides or in violation of statutory provisions.
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