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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.Sahoo, S.S.Mishra
Prasanta Kumar Sahoo – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenging administrative transfer order (Para 3 , 4) |
| 2. arguments on transfer validity and malafide (Para 5 , 6) |
| 3. court finds no malafide in transfer (Para 8) |
| 4. writ petition dismissed (Para 9) |
ORDER :
2. Heard Mr. B.S. Tripathy, learned Senior Advocate appearing for the petitioner; Mr. G.K. Nayak, learned Central Government Counsel for opposite party no.1 and Mr. Nihal Rath, learned counsel for opposite party nos.2 to 4.
4. It appears that the petitioner has filed the aforesaid Original Application to quash the order dated 14.11.2024, wherein while working as Head Clerk/Assistant in ESI Corporation, Odisha Region, he has been transferred and posted to Branch Office, Jaykaypur, Rayagada on administrative exigencies with a further prayer that he is entitled to TA/DA and joining time as per rules and stood relieved from the present place of posting w.e.f. 14.11.2024.
6. The learned Tribunal, after considering the ratio laid down in the case of Shilpi Bose Vrs. State of Bihar , 1991 Sup (2) SCC 659; Gujarat Electricity Board Vrs. Atmaram Sungomal Poshani , AIR 1989 SC 1433; Union of India Vrs. H.N. Kirtania , AIR 1989 SC 1774; State Bank of India Vrs. Anjan Sanyal , A
The court held that administrative transfers are valid when justified by exigencies and devoid of malafide motives, consistent with established precedents.
Administrative transfers cannot be challenged on grounds of malice in law; only malice in fact is relevant when considering the legality of such orders.
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.
The court ruled that transfer orders are administrative decisions and can only be interfered with if proven mala fide or in violation of statutory provisions.
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.
Transfers of government employees cannot be interfered with unless proven to be mala fide or in violation of statutory provisions; administrative exigencies govern such decisions.
Transfers in public service must adhere to principles of natural justice and cannot be based on unverified complaints or external pressures.
Transfer orders in service can only be challenged on grounds of statutory violation or mala fides; mere allegations are insufficient for judicial intervention.
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