1987 Supreme(Raj) 378

RAJASTHAN HIGH COURT
Ashok Kumar Mathur, J.
Ram Pratap - Appellant
Versus
State of Rajasthan - Respondent
S.B. Civil Writ Petition No. 1821 of 1984.
Decided On : 5-01-1987

The State Government has the power to transfer employees, and a transfer can only be interfered with if it contravenes statutory provisions or is based on malafide grounds.

Headnote:

Rule 38 - Transfer of Petitioner - The court upheld the validity of Rule 38 of the Rajasthan Municipalities (Subordinate Service) Rules, 1963, which allows the State Government to transfer an incumbent from one place to another. The court emphasized that a transfer can be interfered with only if it contravenes statutory provisions or is based on malafide grounds, neither of which were present in this case.

Fact of the Case:

The petitioner challenged the order transferring them from one Municipal Board to another. The petitioner argued that the transfer order and the validity of Rule 38 of the Rajasthan Municipalities (Subordinate Service) Rules, 1963 were unconstitutional.

Finding of the Court:

The court found that the transfer order was valid and upheld the legality of Rule 38. The court emphasized that the State Government has the power to transfer employees and that the grounds for interference in a transfer were not present in this case.

Issues: Validity of transfer order and Rule 38 of the Rajasthan Municipalities (Subordinate Service) Rules, 1963.

Ratio Decidendi: The court held that the State Government has the power to transfer employees and that a transfer can only be interfered with if it contravenes statutory provisions or is based on malafide grounds, neither of which were present in this case.

Final Decision: The writ petition was dismissed, and the transfer order was upheld as valid.