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MAHENDAR KUMAR GOYAL
Anil Sethi – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. Although, the matter comes up on applications no.1/2022 & 2/2022 filed by the respondents seeking vacation of ex parte interim order dated 19.09.2022; but, on the request of learned counsels for the respective parties, the writ petition is heard on its merit at this stage.
2. The relevant facts in brief are that the petitioner, an Executive Engineer, has been transferred vide order impugned dated 03.09.2022 from Jaipur to Sri Ganganagar which is subject matter of challenge.
3. Assailing the order, learned counsel for the petitioner submits that the respondent no.4, who has been transferred vice him, is facing a departmental enquiry and hence, in view of the Circular dated 23.07.2003 issued by the State Government through Department of Personnel, he could not have been given field posting. He submits that only two and half years are left in petitioner's attaining the age of superannuation. Lastly, learned counsel submits that the petitioner has been transferred thrice during the period of last eleven months and hence, the transfer order is liable to be interfered by this Court. He, therefore, prays that the writ petition be allowed and the order dated 03.09.2022 be quashed
Transfer of an employee is an exigency of service and should not be interfered with unless it is mala fide or in violation of statutory provisions.
Government servants have no vested right to remain posted at a particular place, and interference with transfer orders should be limited to cases of mala fides or violation of specific 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....
Government servants have no vested right to remain posted at a place of their choice and can be transferred in administrative exigencies. Interference with transfer orders should be limited to cases ....
The main legal point established in the judgment is that transfer of an employee is an administrative decision and should not be interfered with unless there is a violation of statutory provisions or....
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....
Government servants have no vested right to remain posted at a place of their choice, and interference with transfer orders should be limited to cases of mala fides or violation of specific provision....
It is true that violation of transfer policy or executive order does not confer any vested right on an employee to challenge it, but the Government is bound by executive orders/policies and the guide....
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