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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN
Union of India, Ministry of Ayush, Rep. by Secretary to Government of India – Appellant
Versus
K.Vasudevan, S/o. M.V.Krishnamoorthy, Administrative Officer – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
General governing legal principles for transfer of an employee are that:
1) Transfer is incidental to service and conditions of service.
2) Administrative transfers can be effected in the interest of public administration by the competent Authority.
3) Order of transfer can be challenged on two grounds:
a) mala fide b) by incompetent Authority.
2. The transfer guidelines are issued by the Government to maintain transparency in administration and issuance of transfer, but, those guidelines would not have statutory force.
3. Post or place can never be claimed as a status by an employee. Administrative transfers cannot be interfered with by the Courts. Power of judicial review under Article 226 of the Constitution of India to interfere with the orders of the administrative transfers are limited.
4. The Courts are not expected to run routine administration of the Government Departments. It is the prerogative of the Authorities to run administration and to improve the efficiency in public administration. Thus, unnecessary intervention by Courts in administrative transfers may cause prejudice to the interest of public administration.
5. Under assail in the present Writ
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.
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 is minimal; valid transfer policies do not confer enforceable rights. Employees accepting transfer terms in their contracts cannot contest them after prolo....
Judicial review of employee transfers is limited; transfers are administrative unless proven mala fide or in violation of statutory provisions.
Administrative transfers are not subject to judicial review unless issued by an incompetent authority or based on mala fides, reaffirming the principle that employees cannot claim a right to remain i....
Transfers of employees in public service are generally not subject to judicial review unless proven to be arbitrary or in violation of statutory provisions.
Judicial review of transfer orders is limited; transfers are valid unless proven to be made in mala fides or in violation of statutory provisions.
Point of Law : Employment and Service matter - Order of Transfer quashed - Since recommendations to transfer petitioner had been mooted by an extra constitutional authority, who has no role in the fu....
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