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V. M. VELUMANI, V. LAKSHMINARAYANAN
Venkateswarlu Gadde – Appellant
Versus
Union of India, Rep. by the Director General, Council of Scientific & Industrial Research (CSIR), New Delhi – Respondent
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
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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