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2012 Supreme(HP) 646
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Deepak Gupta & Rajiv Sharma, JJ.
Dalip Kumar - Petitioner
Versus
State of Himachal Pradesh - Respondents.
CWP No. 4535 of 2012-D
Decided On : 5.12.2012
Advocate Appeared:
For the Petitioner:Ms. Anita Dogra, Advocate.
For the Respondents:Mr. Vivek Singh Thakur, Addl. A.G. for respondents No. 1 to 3. Respondent No.4 already ex parte.
The main legal principle established is that the scope of judicial review in transfer matters is limited to instances of infraction of statutory rule or mala fides, and transfer is an incidence of service.
Headnote:
Transfer - Judicial Review - Scope of judicial review in transfer matters is limited to instances of infraction of statutory rule or mala fides. No arbitrariness or unreasonableness found in transfer order.
Fact of the Case:
The petitioner, a teacher, was transferred multiple times within a radius of less than 15 KMs. The petitioner challenged the transfer from one school to another.
Finding of the Court:
The court found that the transfer did not infringe any statutory rule or involve mala fides. It concluded that there was no arbitrariness or unreasonableness in the transfer order.
Issues: Scope of judicial review in transfer matters, Allegations of mala fides, Arbitrariness and unreasonableness in transfer order
Ratio Decidendi: The court emphasized that the scope of judicial review in transfer matters is limited to instances of infraction of statutory rule or mala fides. It also highlighted that transfer is an incidence of service and may only be intervened by the court in specific circumstances.
Final Decision: The petition was dismissed and no costs were awarded.
Rajiv Sharma, Judge.
Petitioner was posted as Junior Basic Trained Teacher in Government Senior Secondary School, Durah (Nirmand) on 23.2.2004. He remained posted in Government Primary School, Durah with effect from 23.2.2004 to 17.7.2007. He was transferred to Government Primary School, Nither on 18.7.2007 where he remained posted upto 16.2.2010. Thereafter, he was transferred to Government Primary School, Sarahar on 17.2.2010. Now, the petitioner has been transferred from Government Primary School, Sarahar to Government Primary School, Deogi (Nirmand).
2. The distance between Government Primary School Durah and Government Primary School, Nither is 8 KMs. The distance between Government Primary School, Nither and Government Primary School, Sarahar is 13 KMs and the distance between Government Primary School, Sarahar and Government Primary School, Deogi is 26 KMs.
3. Ms. Anita Dogra has argued that the date of superannuation of the petitioner is 30.6.2014 and her client has not been permitted to complete his normal tenure in Government Primary School, Sarahar. The petitioner had more than two years’ service when he was transferred from Government Primary School, Sarahar to Government Primary School, Deogi (Nirmand). Petitioner has remained posted within a radius of less than 15 KMs with effect from 23.2.2004 till the date of his transfer i.e. 5.6.2012.
4. Transfer is an incidence of service. The scope of judicial review in these matters is very limited. The Court may intervene only when the transfer has been made in infraction of any statutory rule or the same is actuated with mala fides. Petitioner has not alleged any specific mala fides. There is no arbitrariness or unreasonableness in the transfer order whereby the petitioner has been transferred from Government Primary School, Sarahar to Government Primary School, Deogi (Nirmand).
5. Accordingly, we see no merit in the petition and the same is dismissed. Pending application(s), if any, also stands disposed of. No costs.
