Transfer of employees is a normal consequence of holding a transferable post and personal difficulties are matters of consideration for the department.

JUDGMENT :

A. Pasayat, A.C.J.

1. Questioning legality of the order of her transfer, Petitioner, an employee of the office of Accountant General. Orissa, has come before this Court via the Central Administrative Tribunal, Cuttack Bench (in short, the 'Tribunal').

2. Petitioner has tried to highlight that she has been transferred because she ventured to make allegations against some members of the staff of sexual harassment. She has also attributed various motives for effecting the transfer. The Tribunal found that the allegations are unfounded. It was' noted that the Petitioner was posted in a transferable job from 1989. Petitioner, as is undisputed has been transferred from Bhubaneswar to Puri.

3. The learned Additional Standing Counsel (Central) submitted that the transfer order has been passed by the Accountant General (opposite party No. 1) against whom there is not even a whisper of any harassment, much less sexual harassment. The allegation made is utterly frivolous, as has been elaborately discussed by the Tribunal. Further the transfer has been made because it was felt necessary after opening of a section in the D.A.G's office at Puri. According to him, the transfer having been made in exigencies of service, Petitioner cannot make any grievance.

4. We shall first deal with the plea relating to violation of protection given to women employees in terms of the judgment of the Apex Court in Vishaka and Ors. v. State of Rajasthan and Ors. O.T. 1997 (7) S.C. 384. The said judgment has highlighted that it is the duty of every employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedure for the resolution, settlement or prosecution of acts or sexual harassment by taking all steps required. For this, purpose, sexual harassment includes such unwelcome sexually determined behavior (whether directly or by, implication) as-(a) physical contact and advances; (b) a demand or request for sexual favors; (c) sexually colored remarks; (d) showing pornography; (e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

5. No allegation has been made against the authority directing transfer. They were in fact attributed to another officer. The plea of Mr. Misra, learned Counsel for Petitioner that the senior officers are teamed up against the Petitioner is too hollow to be accepted, and we find no material placed on record to support such an allegation. In case the Petitioner has suffered from any sexual harassment, obviously necessary action as contemplated in the Central Civil Services (Conduct) Rules, 1964 (in short,' the 'Rules') more particularly Rule 3(1)(iii) is to be taken note of. Some provides that every Government servant shall at all times do nothing which is unbecoming of a Government servant. There is no material to show that with a view to harass the Petitioner for having made allegations of sexual harassment, the transfer order was passed. It needs no elaboration that the authorities have the right to transfer an employee as transfer is incidence of service and the order of transfer cannot be challenged except on the ground of mala fides and violation of statutory or mandatory Rules. It has not been indicated as to how there has been violation of statutory or mandatory Rules.

6. The scope of judicial review of transfer of public servants is absolutely dear in view of the series of decisions rendered by the Apex Court.

7. In Mrs. Shilpi Bose and others Vs. State of Bihar and others, the Apex Court, inter alia, held that where a competent authority issues transfer orders with a view to accommodate a public servant to avoid hardship, the same cannot and should not be interfered with by the Court merely because the transfer orders were passed on the request of the employees concerned. It was further held that the Courts should not interfere with transfer orders which are made in public interest and for administ