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ANIL K. NARENDRAN, MURALEE KRISHNA S.
Vishnu V. B. S/o V. A. Bhasi – Appellant
Versus
Indian Overseas Bank Rep. By Its General Manager – Respondent
JUDGMENT :
Muralee Krishna, J.
These writ appeals are filed under Section 5(i) of the Kerala High Court, 1958, by the respective petitioners in W.P.(C) Nos.2372, 4495 and 4550 of 2025. They filed those writ petitions under Article 226 of the Constitution of India challenging their respective transfer orders. The appellant in W.A. No.192 of 2025 is working as Assistant Manager at the Regional Office of the respondent Bank in Ernakulam. As per the transfer order dated 10.01.2025, he was transferred to the Regional Office, Ahmedabad. The appellant in W.A. No.358 of 2025, who is working as Manager I-Line in the Kollengode Branch of the respondent Bank, was transferred to Ludhiana Region in Punjab as per the order dated 10.01.2025. The appellant in W.A. No.361 of 2025, who is working as Assistant Manager in Kozhikode main branch was transferred to the Regional Office , Lucknow, as per the order issued on the very same day. As per the impugned judgments dated 21.01.2025 in W.P.(C)No.2372 of 2025 and 07.02.2025 in the remaining two writ petitions, the learned Single Judge dismissed the writ petitions holding that transfer and posting are the subject matter better left to the discretion
Transfer orders are within the employer's discretion and not subject to judicial review unless vitiated by mala fides or statutory violations.
Judicial interference in employee transfers is limited to cases of mala fides or statutory violations; otherwise, the employer's prerogative prevails.
Transfer orders are a condition of service; courts will not interfere without proof of mala fides or statutory violations.
Judicial review of employee transfers is limited; transfers are administrative unless proven mala fide or in violation of statutory provisions.
Judicial interference in employee transfer orders is limited to cases of mala fides or statutory violations; otherwise, the employer's discretion prevails.
The central legal point established in the judgment is the importance of the employer's discretion for better administration in employee transfers, and the limited scope of judicial review under Arti....
Transfers of employees in public service are generally not subject to judicial review unless proven to be arbitrary or in violation of statutory provisions.
Judicial review of transfer orders is limited to cases of mala fides or statutory violations; transfers are normal incidents of service.
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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