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KARDAK ETE
Ashit Das – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Kardak Ete, J.
1. Heard Mr. A. R. Talukdar, learned counsel for the petitioner. Also heard Ms. M. Bhattacharya, learned Additional Senior Government Advocate and Mr. M. Khan, learned counsel for the respondent No. 7.
2. By filing this application, the petitioner has assailed the transfer and posting order dated 28.03.2022 issued by the Deputy Commissioner, Karimganj, whereby the petitioner is sought to be transferred and posted from R.K. Nagar Revenue Circle to Food, Civil Supplies and Consumer Affairs Branch, in the D.C. Office, Karimganj, as Senior Assistant, vice Shri Prakash Sakachep, Senior Assistant, respondent No.7 herein.
3. The case projected, shorn of unnecessary details, is that the petitioner is a Senior Assistant, who was last posted at R.K. Nagar Revenue Circle, from the Magistracy Branch vide order dated 20.05.2021. While serving at R.K. Nagar revenue Circle, the impugned order dated 28.03.2022 has been issued by the Deputy Commissioner, Karimganj, by which the petitioner is sought to be transferred and posted from R.K. Nagar Revenue Circle to Food, Civil Supplies and Consumer Affairs Branch, in the D.C. Office, Karimganj, as Senior Assistant, vice Shri Prakas
Transfer orders within government service are generally not subject to judicial review unless proven malafide or in violation of statutory provisions.
Point of Law : Transfer of a public servant made on administrative grounds or in public interest should not be interfered with unless there are strong and pressing grounds rendering the transfer orde....
Transfer policies are directory, not mandatory, and courts will not interfere unless there is clear malafide or statutory violation.
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....
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....
Transfer orders in public service are subject to statutory guidelines, but courts refrain from interfering unless allegations of mala fides are substantiated or statutory violations are clear.
Administrative transfers are within the authority's discretion, and employees have no vested right to remain posted at a specific location. The court emphasized that administrative transfers are esse....
The main legal point established in the judgment is that the power of transfer and posting should be exercised honestly, bona fide, and reasonably, based on administrative exigency and public interes....
Transfer of government employees is an inherent condition of service, and courts should not interfere unless there is evidence of mala fides or violation of statutory provisions.
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