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JASPREET SINGH
Amit Narayan Rai – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri Kartikeya Saran, learned counsel for the petitioner as well as Sri M.C. Chaturvedi, learned Senior Counsel along with Sri Ankit Gaud, learned counsel for the State-respondents.
2. The present petitioners pray for issuance of a writ in the nature of certiorari quashing the impugned transfer order dated 20.06.2022 and 06th July, 2022 passed by the respondent no. 2. The primary ground of challenge to the aforesaid transfer order is that it is in violation of the transfer policy of 2022-23 in so far as it relates to the petitioner.
3. The case as setup by the petitioners is that they are all selected and appointed as Class-III Clerical employees and are presently discharging their duties at various places in the State of Uttar Pradesh. It is also stated that all the petitioners being the ministerial employees are also the office bearers of the Uttar Pradesh Medical and Public Health Ministerial Association. The details of each of the petitioners along with his post, place of posting, date on which each was elected when they were elected in the respondent no.4-Association and where have they been transferred has been indicated in a chart which is the part of paragra
Transfer orders can only be challenged if issued with mala fides or in violation of statutory provisions; compliance with transfer policy is essential.
Statutory transfer powers under Rule 226 IREC prevail over policy guidelines; no interference with administrative exigency transfers absent mala fides, despite tenure/policy deviations or personal ha....
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....
The court established that transfer policies, while important, do not confer absolute rights against transfer, and administrative discretion under statutory authority prevails.
Judicial review of transfer orders is limited; absence of a defined transfer policy renders such orders arbitrary, necessitating formulation of a policy.
Transfer orders within a corporation are valid administrative actions and do not require statutory regulations, affirming the limited scope of judicial review in such matters.
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