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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN
Union of India, Rep. By its Secretary, Ministry of Electronics and Information Technology – Appellant
Versus
V. Sridharan – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
Under assail is the order dated 20.01.2025 passed by the Central Administrative Tribunal, Chennai Bench (hereinafter called as ‘CAT’) in O.A.No.1537 of 2024. The order of transfer, transferring the 1st respondent from Chennai to Patna vide proceedings dated 21.10.2024 was under challenging in the Original Application before the CAT. Since CAT allowed the Original Application by set aside the order of transfer, the Union of India preferred the present writ petition.
2. The learned Additional Solicitor General of India Mr.A.RL.Sundaresan, appearing on behalf of the writ petitioners would mainly contend that it is an order of transfer passed in the interest of administration. Order of transfer was passed on account of the reason that the competent authority found that there was a requirement in Patna Centre and the 1st respondent, being a Senior Scientist was transferred for better utilisation of his service at Patna Centre.
3. To assail the impugned order of CAT, the learned Additional Solicitor General of India would contend that relieving an employee on issuance of transfer with immediate effect, cannot be found fault. The CAT considered the said ground whic
Administrative transfers cannot be challenged on grounds of malice in law; only malice in fact is relevant when considering the legality of such orders.
Judicial review of administrative transfers under Article 226 is limited; transfers lack statutory force and can only be challenged on specific grounds such as mala fide or incompetence.
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
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 ....
Legal malice is insufficient to challenge a transfer order unless clear procedural violations or malafide intentions can be proven.
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.
Transfer orders are administrative actions that should not be interfered with unless shown to be mala fide or in violation of statutory provisions, with public interest being a valid justification.
Judicial review of administrative transfers is minimal; valid transfer policies do not confer enforceable rights. Employees accepting transfer terms in their contracts cannot contest them after prolo....
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