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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SINDHU SHARMA, SHAHZAD AZEEM
Gaganpreet Singh Wazir – Appellant
Versus
Food Corporation of India, Through its Chairman and Managing Director – Respondent
| Table of Content |
|---|
| 1. factual background of intra-court appeal against transfer. (Para 1 , 2 , 3) |
| 2. alleged malice in transfers post whistleblower action. (Para 4 , 5 , 6 , 7) |
| 3. transfers justified by administrative needs and regulations. (Para 8 , 9) |
| 4. transfer challenged as punitive and policy-violative. (Para 10 , 11 , 12 , 13 , 14) |
| 5. narrow scope for judicial interference in transfers. (Para 15 , 16 , 17 , 18) |
| 6. employer's prerogative paramount unless mala fides proven. (Para 19 , 20) |
| 7. mala fides requires specific pleadings and cogent evidence. (Para 21 , 22 , 23 , 24) |
| 8. heavy burden to prove mala fides allegations. (Para 25 , 26 , 27) |
| 9. no vested right to preferred posting location. (Para 28 , 29 , 30) |
| 10. transfer order upheld; appeal dismissed. (Para 31) |
JUDGMENT :
Sindhu Sharma, J.
1. This intra-court appeal is directed against judgment dated 04.09.2025 passed by the learned Single Judge in WP(C) No. 743/2025, titled ‘Gaganpreet Singh Wazir vs. Food Corporation of India and others’
2. The appellant, a Category-II officer working as Manager (Depot.) in the Food Corporation of India (FCI), has assailed his transfer from Jammu and Kashmir to Uttar Pradesh, vide Order Nos. ZO (N)- 27.
Judicial interference in transfers limited to proven mala fides or statutory violation; administrative guidelines non-binding; specific evidence required for malice allegations, not bald assertions.
The court ruled that transfer orders are administrative decisions and can only be interfered with if proven mala fide or in violation of statutory provisions.
Judicial review of transfer orders is limited; transfers are valid unless proven to be made in mala fides or in violation of statutory provisions.
Burden of proving mala fides in transfer orders is high; transfers made in public interest are generally not subject to judicial intervention unless proven arbitrary.
Transfers of government employees cannot be interfered with unless proven to be mala fide or in violation of statutory provisions; administrative exigencies govern such decisions.
Administrative transfers cannot be challenged on grounds of malice in law; only malice in fact is relevant when considering the legality of such orders.
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