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2000 Supreme(Raj) 1103

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Shiv Kumar Sharma, J.
Dr. K.J. Dave & anr. - Appellant
Versus
Central Council for Research in Ayurveda and Siddha & anr. - Respondent
S.B. Civil Writ Petition No. 1175 of 2000.
Decided On : 3-04-2000

The court emphasized the limited scope for judicial interference in transfer matters and the need for administrative decisions to run smoothly.

Headnote:

Transfer - Administrative Transfer - Violation of Transfer Policy - [TRANSFER] - [ADMINISTRATIVE TRANSFER] - [Clause 1 of the transfer policy, Clause 4 of the transfer policy, B.S. Minhas vs. Indian Statistical Institute and others (1983 (3) SLR 150), Mrs. Shilpi Bose and others vs. State of Bihar (AIR 1991 SC 532), Bank of India vs. Jagjit Singh Mehta (AIR 1992 SC 519), State of Madhya Pradesh and another vs. S.S. Kourav and others (AIR 1995 SC 1056)] - The court discussed the violation of transfer policy and the applicability of executive instructions in transfer orders. It emphasized that unless malafides on the part of respondents are shown, the transfer order cannot be interfered with, as held in Mrs. Shilpi Bose case by the Supreme Court. The court also highlighted the need for administrative decisions to run smoothly and the limited scope for judicial interference in transfer matters.

Fact of the Case:

The petitioners, husband and wife aged 58 and 57, were transferred from Jaipur to Delhi by the respondents. The respondents cited various complaints and irregular activities by the petitioners as the basis for the transfer.

Finding of the Court:

The court found that the transfer was not made on the ground of malafide and that the transfer order did not violate any of the legal rights of the petitioners. It concluded that the transfer policy framed by the respondents are executive instructions and do not come under mandatory statutory rules.

Issues: Violation of transfer policy, malafide in transfer order, applicability of executive instructions in transfer orders.

Ratio Decidendi: The court held that unless malafides on the part of respondents are shown, the transfer order cannot be interfered with. It emphasized the need for administrative decisions to run smoothly and the limited scope for judicial interference in transfer matters.

Final Decision: The writ petition was dismissed, and no costs were awarded.

JUDGMENT

1. - The petitioners in the instant writ petition have assailed the order dated March 6, 2000 whereby they have been transferred from Jaipur to Delhi.

2. As per the averments made in the writ petition, the petitioners are husband and wife respectively aged 58 and 57 years and presently working as Assistant Directors in the office of the respondents, but without there being any justification or exigencies of service the respondents have transferred them from Jaipur to Delhi vide a common order dated March 6, 2000 in violation of the transfer policy. As their cause of grievance is common, the petitioners have filed a joint writ petition.

3. The respondents have submitted reply to the writ petition stating therein that the transfer of the petitioners is fully justified and no violation of any transfer policy has been made by the answering respondents. The respondents had received various complaints against the petitioners including the complaint of the Member of Parliament Shri Girdhari Lai Bhargava on 26th Feb. 1999 as well as a complaint by Dr. Hari Narain Swami who is Member of the Governing Body. On these complaints comments were asked from the petitioners but no satisfactory reply had been received by the respondents in this regard. The respondents had also received complaints against the petitioners that some unauthorised STD telephone calls were made by the petitioners on various dates. These STD calls were personal calls of the petitioners and were not made for the purpose of institute. The petitioners also misused the official vehicle for their personal use though they were availing 800/- per month each as transportation allowance. Irregularities were also found in purchase of articles and goods for the institute by the petitioners. The Chief Vigilance Officer came to Jaipur and after inquiry against the petitioners he had also reported that activities of the petitioners were not in favour of the institute and detrimental to the interests of the institute. The Joint Secretary, Indian System of Medicines, Ministery of Health, Government of India had also visited the institute in the month of January 2000 and he had also reported about the irregular activities of the petitioners. The functioning of the Central Research Institute of Ayurveda and Siddha was also discussed in the Governing Body of the Central Council and in the meeting held on 7th January, 2000 it was observed that the institute is not functioning even up to the satisfactory level. The transfer order was made because all the record, material and other things are in custody and possession of the petitioners as they are senior most officers at Jaipur. To keep the record intact so that in a preliminary enquiry the evidence may not be tarnished the petitioners have been transferred from Jaipur to Delhi.In rejoinder the petitioners denied the allegations made in the reply to the writ petition with regard to the petitioners. Along with the rejoinder the petitioners have submitted reply to the complaint of Dr. Hari Narain Swami, Member Governing Body, wherein it has been stated that though the functioning of RRI (Ay.) Jaipur has not been at the desired level but all the allegations made by Dr. Swami are not correct. But at page No.2 of the said letter in the endorsement it has been mentioned with reference to letter dated 22.5.99 that the reply furnished by her to the points raised by Dr. Swami Member, G.B. CCRAS have not been found satisfactory. No reply/comments relating to admission of old age persons for months together who do not come under the research categories and who only need health care during the old age has been furnished. Further no reply has also been furnished in regard to admission of same persons again and again after a gap of 15-20 days. She is therefore directed to look into the complaint of Dr. H.N. Swami once again and submit details and suitable reply on each point together with supported documents within 15 days positively. It has a









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