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INDERJEET SINGH
Adarsh Mathur – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. By way of this writ petition, the petitioner has challenged the transfer order dated 14.10.2022 whereby the petitioner working on the post of Assistant Engineer has been transferred from Jamuwa Ramgarh, Jaipur to Badnu, District Bikaner.
2. Counsel for the petitioner submitted that the petitioner has been transferred to accommodate the respondent No.3. Counsel further submits that the petitioner has been transferred within a short span of six months. Counsel further submits that the transfer of the petitioner is in violation of transfer policy made by the respondents.
3. Heard counsel for the petitioner and perused the record. The Hon'ble Supreme Court in the matter of Union of India and Anr. v. Deepak Niranjan Pandit and Anr. reported in (2020) 3 Supreme Court Cases 404 in para Nos. 3 and 4 has held as under:-
"3.The High Court, in interfering with the order of transfer, has relied on two circumstances. Firstly, the High Court has noted that as a result of the stay on the order of transfer, the headquarters of the respondent will remain at Mumbai and even if he is to be suspended, his headquarters will continue to remain at Mumbai. The second reason, which was weighed with
Government servants have no vested right to remain posted at a place of their choice, and courts are reluctant to interfere with transfers unless there is a violation of statutory provisions or mala ....
Government servants have no vested right to remain posted at a place of their choice, and courts are reluctant to interfere with transfers unless there is a violation of statutory provisions or mala ....
An employee cannot claim to serve at a particular place of his choice, and the court's interference with transfer orders is limited to cases of violation of statutory provisions or mala fides.
Government employees do not have a vested right to remain posted at a particular place, and interference with transfer orders is limited to specific grounds.
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 ....
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....
Employees do not possess a right to remain at a specific posting, and transfer orders are subject to the employer's discretion unless proven otherwise.
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....
Judicial review of transfer orders is limited; transfers are inherent to service unless proven otherwise.
Transfer of an employee is an essential condition of service and can only be interfered with in exceptional circumstances. Courts have limited jurisdiction to interfere in transfer matters.
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