1982 Supreme(Raj) 506
RAJASTHAN HIGH COURT
M.C.Jain, J.
S. Ganguly - Appellant
Versus
Union of India and others - Respondent
S.B.C.W.P. No. 1226 of 1982.
Decided On : 13-12-1982
Headnote:
POST AND TELEGRAPH MANUAL - TRANSFER OF SENIOR CLASS I OFFICERS - POWER OF TRANSFER - DELEGATION OF POWER - MEMBER (POSTAL OPERATIONS) - COMPETENCY - TRANSFER ORDER ISSUED BY POST MASTER GENERAL - VALIDITY - MALA FIDES - ABUSE OF POWER - TENURE POLICY - JUSTICIABILITY.
Fact of the Case:
The petitioner, a Senior Superintendent of Post Offices, was transferred from Jodhpur to Jaipur. He challenged the transfer order on various grounds, including that the Post Master General, Rajasthan Circle, Jaipur was incompetent to effect the transfer and that the transfer was not brought about on account of any administrative exigency or in the interest of service. The petitioner also alleged that the transfer was effected under the undue pressure of the Trade Union Leaders and that the transfer order suffers from the vice of malice in law and malice in fact.
Finding of the Court:
The court held that the Member (Postal Operations) was competent to effect the petitioner's transfer and that the transfer order was issued by the Post Master General in compliance with the orders of the Member (Postal Operations). The court also held that the transfer was effected in the interest of administration and service and that there was no mala fides or abuse of power on the part of the Post Master General. The court further held that the tenure policy is not justiciable and enforceable at law as it does not confer any legal right on the petitioner.
Issues: 1. Whether the Post Master General, Rajasthan Circle, Jaipur was competent to effect the petitioner's transfer? 2. Whether the transfer order was issued by the Post Master General in compliance with the orders of the Member (Postal Operations)? 3. Whether the transfer was effected in the interest of administration and service? 4. Whether there was any mala fides or abuse of power on the part of the Post Master General? 5. Whether the tenure policy is justiciable and enforceable at law?
Ratio Decidendi: 1. The power of transfer of Senior Class I Officers was delegated to the Member (Postal Operations) by virtue of Ex. R/4 dated November 7, 1975. 2. The transfer order was issued by the Post Master General in compliance with the orders of the Member (Postal Operations) as is evident from the notings on the record. 3. The transfer was effected in the interest of administration and service as the Post Master General formed an opinion that the petitioner's relations with the staff were strained and that it would be in the best interest of the administration to transfer him. 4. There was no mala fides or abuse of power on the part of the Post Master General as the transfer was not effected under the undue pressure of the Trade Union Leaders and the petitioner was not transferred outside the Rajasthan Circle. 5. The tenure policy is not justiciable and enforceable at law as it does not confer any legal right on the petitioner.
Final Decision: The writ petition was dismissed with no order as to costs.
JUDGMENT
1. By this writ petition, the petitioner seeks to quash his transfer order dated ,June 26, 1982. In June 1980, the petitioner was posted at Udaipur as Senior Superintendent of Post Offices, Junior Scale. By Memo No. Staff 1-17 dated June 17, 1980 in pursuance of DCPAT, New Delhi letter No. 26-39,,80 PE1 dated June 26, 1980, the Post Master General, Rajasthan Circle, Jaipur transferred the petitioner and posted him as Senior Superintendent of Post Offices Jodhpur in Senior Time Scale of Group 'A' vide Ex. 1. In pursuance of Lx. 1, the petitioner joined at jodhpur as Senior Superintendent of Post Offices on July 11, 1980 and since then, he was continuing in service as Senior Superintendent of Post Offices in Senior Time Scale of Grade 'A'. The petitioner was transferred from Jodhpur to Jaipur and was posted as Assistant Post Master General (PLl) Circle Officer, Jaipur vide Memo No. staff/1-17, IPS 'A' dated June 26, 1982 issued from the office of PMG, Rajasthan Circle, Jaipur (Ex. 3). The petitioner challenges the order Ex. 3 on various grounds. One of the grounds is that the Post Master General, Rajasthan Circle, Jaipur is incompetent to effect the transfer of the petitioner and petitioner's transfer can only be effected by the Director General under the Schedule of powers laid down in the Post & Telegraphs Manual, vol. III. The other grounds of challenge are that the transfer has not been brought about on account of any administrative exigency or in the interest of service. But, it has been brought about under the undue pressure of the Trade Union Leaders and the transfer is effected by arbitrary exercise of power taking into account extraneous considerations. The transfer is also in disregard of tenure policy. Further, the order of transfer suffers from the vice of malice in law and malice in fact, as the order has been passed by the Post Master General, Rajasthan Circle, Jaipur, who is biased and prejudiced against the petitioner. The petitioner in his writ petition has averred certain events. The petitioner made a surprise visit of the Head Post Office, Jodhpur on May 12, 1981 at 10.05 a.m. and found that the counter-clerks and Assistant Post Masters were not present and he marked 'X' in the attendance register. Thereupon, the staff went on illegal strike and the employees of the Head Post Office also instigated the employees of Sardarpura Post Office to go on strike. The petitioner also visited Sardarpura Post Office, Jodhur. The petitioner submitted his report to the Director Postal Services. After receipt of the inquiry report conducted at the behest of the Director Postal Services. ,Jodhpur, the petitioner decided to take action against the guilty employees. The petitioner also effected transfers of Shri M.M. Vajpayee, R. R. Soni and Ashok Kumar and he also ordered re-test of Shri S.D. Paliwal. Shri S.D. Paliwal, without complying the orders, went on medical leave and did nest submit himself for test. The Post Mister General succumbed to undue pressure of Trade Union Leaders and ordered to keep the transfers in abeyance and Shri S.D. Paliwal was ordered to continue at Jaisalmer. In order to dislodge the petitioner, even the employees decided to launch Dharna' outside the Head Post Office. They staged 'Dharna' from May 3, 1982 to May 14, 1982 and according to the petitioner, the Trade Union Leaders approached the Post Master General, Rajasthan Circle, Jaipur, who assured them for redressing their grievances and thereupon, the 'Dharna' was withdrawn. While withdrawing the 'Dharna', the Trade Union Leaders openly declared that the Post Master General has assured them to transfer the petitioner. It was also averred that Shri S.D. Paliwal even went to the extent of launching a private complaint against him to the competent court at Jaisalmer for the off races under sections 323 and 500, I.P.C. The petitioner also averred that he was called by the Post Master General, Rajasthan Circle, Jaipur and in response to the s
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