Transfer orders must adhere to statutory guidelines and cannot be executed with mala fide intentions, as such errors warrant judicial intervention.

JUDGMENT :

S.N. Pathak, J.

The petitioner has challenged the Notification contained in Res.No.01/Estb.-2-02/2019-528 dated 02.03.2024, whereby the petitioner was transferred from the post of District Education Officer, Ranchi to the post of District Education Officer, Giridih within a span of ten days.

2. Assailing the impugned transfer order, Mr. Jai Prakash Jha, learned senior counsel appearing for the petitioner submits that earlier the petitioner was transferred from Gumla district to Ranchi district as District Education Officer by Notification contained in Resolution No. 402 dated 21.02.2024 and thereafter in compliance of the said transfer order, he took charge as District Education Officer, Ranchi on 23.02.2024. However, within a span of ten days’ time, the petitioner was again transferred from Ranchi to Giridih by the impugned transfer order dated 02.03.2024. Being conscious of the fact that transfer is an incident of service and it is not a right of the employee to be posted at a particular place for a long time, learned senior submits that if the transfer order is against the Statute and on mala fide ground, the Court has every power to interfere with the transfer order. Learned senior counsel further points out that the ground of transferring the petitioner from Ranchi to Giridih within ten days in view of letter dated 27.02.2024 issued by the Election Commission of India is not applicable in the case of the petitioner holding the post of District Education Officer. He submits that since the impugned transfer order is couched with mala fide intention, which is not protected by any rules or guidelines, the same is fit to be quashed and set aside. Learned senior counsel further submits that at present, the ground on which the petitioner has been transferred from Ranchi to Giridih in view of ensuing Parliamentary Election, is not existence, as the election is already over. Learned senior counsel further submits that even if, in compliance of the impugned transfer order, the petitioner has joined the transferred place of posting and the order has been given effect to, the Court has power to direct the respondents to issue fresh transfer order restoring him to its original place of posting at Ranchi.

3. On the other hand, Mr. Om Prakash Tiwari, learned counsel appearing for the respondents submits that the petitioner was transferred from Ranchi to Giridih in view of guidelines of the Election Commission of India and since the petitioner has joined the transferred place of posting and the order has been given effect to, the Court sitting under Article 226 of the Constitution of India is not required to interfere with the transfer order. However, referring to paragraph-9 of the supplementary counter affidavit filed by respondents, learned counsel fairly submits that as the letter dated 27.02.2024 issued by the Election Commission of India, which provides transfer to certain officials mentioned in the letter itself, could not be placed before the Departmental Establishment Committee’s meeting held on 28.02.2024, the impugned transfer order of the petitioner was passed. However, he submits that if the case of the petitioner is taken into consideration that leads to disruption to the entire chain and as such, no interference by this Court is required in the impugned transfer order.

4. Having heard the learned counsel for the parties and upon perusal of the documents, this Court is of the view that admittedly, the petitioner has been transferred from Ranchi to Giridih district within a short span of ten days only. The respondents in the counter affidavit have supplemented the ground of transferring the petitioner from Ranchi to Giridih in view of the guidelines issued by the Election Commission of India dated 27.02.2024, which clearly instructed to transfer the certain officials who may be completing three years during the last four years in the same Parliamentary Constituency or districts. Admittedly, the post held by petitioner