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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Sumit Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SANJAY DHAR, J.
01. The petitioner, through the medium of the present petition, has challenged the order No. PEE/101 dated 12.02.2026 issued by the respondent No. 2-National Hydroelectric Power Corporation Limited (for short, ‘NHPC Ltd.’) whereby he has been transferred from Chenab Valley Power Projects Private Limited (for short, ‘CVPPPL’), Corporate Office, Jammu to Baira Siul Power Station, Himachal Pradesh. The petitioner has also sought a direction upon respondent No. 2 to conduct an inquiry against the conduct of respondent No. 7-Ramesh Mukhiya, Managing Director, Chenab Valley Power Projects Private Ltd. (CVPPPL), Jammu, against whom he is stated to have filed a complaint which is pending before respondent No. 2 with a further direction that respondent No. 2 should resolve all the pending issues of the petitioner.
02. As per case of the petitioner, he was appointed as Trainee Engineer with NHPC Limited on 15.03.2004 and at present he is working as Group Senior Manager (Civil) since 2017 and is posted with CVPPPL, Corporate Office, Jammu. It has been submitted that in the previous past, the petitioner was transferred to Pakal Dul HE Project, Kishtwar in terms of an or
Point of law: Transfer is an incident of service and that a government servant is liable to the transferred to a similar post in the same cadre.
Transfer orders within a company are administrative decisions that can be contested only on grounds of mala fides or clear policy violations, not merely for causing personal inconvenience.
Administrative transfers are valid if justified by exigency and do not violate policy; employees cannot claim a right to remain in a specific post.
The Court's decision emphasized that in the absence of mala fides or policy violations, challenges to routine transfer orders should be minimal, and the employer has the prerogative to decide how to ....
The transfer was not punitive, and the transfer policy did not confer a legally enforceable right.
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....
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.
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