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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.M. VELUMANI, V. LAKSHMINARAYANAN, JJ.
Venkateswarlu Gadde – Appellant
Versus
The Union of India, Rep. by the Director General, Council of Scientific & Industrial Research (CSIR), New Delhi & Others – Respondents
W.P. No. 7173 of 2023 & W.M.P. No. 7239 of 2023
Decided On : 27-04-2023
Transfer - Public Interest - CSIR Guidelines - [CSIR Guidelines for Transfer and Posting of Group - A and B Common Cadre Officers dated 01.01.2019, Article 226 of the Constitution of India] - The court upheld the transfer of the petitioner from CSIR - SERC, Chennai to CSIR - CSMCRI, Bhavnagar, Gujarat, based on public interest and administrative exigencies. The court found that the transfer was not punitive and was in line with the CSIR guidelines for transfer and posting of officers. The court also emphasized that the judicial review is permissible but concluded that the transfer was not punitive and dismissed the writ petition.
Fact of the Case:
The petitioner, an Administrative Officer at CSIR - SERC, Chennai, challenged his transfer to CSIR - CSMCRI, Bhavnagar, Gujarat, alleging it was due to a complaint against another officer. The Central Administrative Tribunal upheld the transfer, stating it was in public interest.
Finding of the Court:
The court found that the transfer was not punitive and was based on public interest and administrative exigencies. It noted that the petitioner willingly joined previous postings and that the transfer was in line with CSIR guidelines.
Issues: The issues involved the petitioner's challenge to his transfer, alleging malafides and punitive nature, and the consideration of public interest and administrative exigencies in the transfer decision.
Ratio Decidendi: The court held that the transfer was not punitive and was in public interest, based on the CSIR guidelines for transfer and posting of officers. It emphasized that the judicial review is permissible but concluded that the transfer was not punitive.
Final Decision: The writ petition was dismissed, and the order of the Central Administrative Tribunal upholding the transfer was confirmed. The petitioner was granted four weeks to report to CSIR, Central Salt and Marine Chemicals Research Institute, Bhavnagar, Gujarat.
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the 3rd respondent in order dated 08.02.2023 in O.A.No.712 of 2022 where by Order dated 02.05.2022 and CSIR OM No.3-20 (72)/2022 - E1, dated 05.08.2022 issued by the 1st respondent was upheld, quash the same and consequently, direct payment of attendant benefits from the date of impugned Transfer Order.)
V. Lakshminarayanan, J.
1. This Writ Petition seeks for a Writ of Certiorarified Mandamus to call for the records on the file of the Central Administrative Tribunal in O.A.No.712 of 2022 dated 08.02.2023 and quash the same and consequently, direct the Director General of Council of Scientific and Industrial Research (CSIR), for payment of attendant benefits from the date of impugned order till the date of transfer.
2. The petitioner is presently working as OCC Administrative Officer at CSIR - SERC, Taramani, Chennai. The petitioner had joined the services of the 1st respondent as an Assistant Section Officer (General). He was initially posted to CSIR - NEERI, Nagpur. He served there for four years and one month. He requested for transfer on medical grounds and was transferred to CSIR - NGRI, Hyderabad. Subsequently, he was selected as an Section Officer (General) and posted at CSIR - SERC, Chennai. Thereafter, he was transferred to CSIR – CECRI, Karaikudi. The petitioner challenged the said proceedings in O.A.No.112 of 2007 where under, a direction was given to consider his representation. His representation was positively considered and his transfer was cancelled and he was retained at CSIR - SERC, Chennai. He served there for five years and then was transferred to CSIR/IICT, Hyderabad. He was then sent on transfer to CSIR/CCMB and after completing one year and four months at CSIR – CCMB, he was transferred to CSIR/NGRI. Yet again, he was transferred to CSIR/CIMAP, Hyderabad Centre. He was then transferred to CSIR/CLRI, Chennai from CSIR/IICT, Hyderabad and joined at Chennai on 23.08.2021. He joined in the capacity as the Administrative Officer. From CSIR/CLRI, he was directed to report at CSIR – SERC on 24.09.2021.
3. The applicant had alleged that he had been transferred on account of his complaint against the 2nd respondent Dr.N.Anandavalli. According to him, he had lodged a complaint stating that she is a corrupt officer and she is indulging in illegal activities. Therefore, she persuaded the Director General (CSIR) to have him transferred from Chennai to Gujarat. After six months, he was transferred to CSIR - CSMCRI, Bhavnagar, Gujarat. This order of transfer was passed on 02.05.2022. Challenging the same, he had filed the present Original Application.
4. The 1st respondent herein filed a reply that the petitioner was transferred to CSIR - CSMCRI in terms of Clause IV (3) of the Transfer and Posting guidelines of CCOs dated 01.01.2019. It was contended that in view of the administrative exigencies and public interest, the petitioner was served with an order of transfer. It was denied that the transfer order was on account of the complaint lodged by the petitioner against the 2nd respondent Dr.N.Anandavalli. According to them, since the transfer was based on public interest, it cannot be challenged before the Central Administrative Tribunal.
5. The 2nd respondent Dr.N.Anandavalli filed a counter that allegations were made against her only after the impugned order of transfer was passed and that only in order to invoke the ground of malafide, she was impleaded in a personal capacity. The Central Administrative Tribunal, Chennai, dismissed the Original Application and challenging the same, the present Writ Petition has been filed.
6. At the outset, it must be taken note of that the vacancies in Chennai had been filled up and the petitioner is yet to report to CSIR - CSMCRI at Bhavnagar, Gujarat.
7. We have heard Mr.G.Rajagopalan, learned Senior Counsel appearing
The main legal point established in the judgment is that the transfer of the petitioner was upheld based on public interest and administrative exigencies, in accordance with the CSIR guidelines for t....
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
Transfer orders made in the interest of administrative exigency are generally not subject to judicial interference unless proven to be mala fide or in violation of statutory provisions.
Transfers are an inherent condition of service, and public servants have no vested right to insist on being posted in a particular place. Unfounded allegations and attempts to thwart transfers cannot....
The transfer order based on allegations should be followed by a detailed investigation and disciplinary action, and the individual should be provided an opportunity to defend against the allegations ....
The court upheld the Central Administrative Tribunal's order for reconsideration of a transfer order under statutory provisions, affirming the validity of transfers during inquiry processes.
Transfers in public service can be made on administrative grounds without detailed justification, provided they do not violate statutory rules or are made in bad faith.
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