Back
J. J. MUNIR
Amit Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. The petitioner has challenged his transfer order dated 30.06.2023. The petitioner is a Senior Auditor in the establishment of the Director, Co-operative Societies and Panchayat Audit, Lucknow, U.P. The transfer order has been passed in public interest.
2. The case of the petitioner is that his wife, who is an Assistant Teacher in Government Primary School, has been transferred from Bahraich to Amroha, as recently as on 26.06.2023. Her transfer has been made in accordance with the service rules and the transfer policy applicable to her employer, which attempts to post spouses at the same station.
3. It is pointed that the State Government have issued a transfer policy for the year 2022-23, where in paragraph no. 5(iv), it is provided :
4. It is harping on this policy that learned Counsel for the petitioner submits that the impugned transfer order transferring him to another region located 200 k.m. away from Pilibhit, is maninfestly illegal and arbitrary.
5. The submission further is that the petitioner's wife's rights under the service rules
Transfer orders based on administrative discretion cannot be challenged unless violating statutory rules or showing mala fides.
Transfer policies overridden by public interest and administrative exigency; spouse posting not absolute right.
Transfer orders require reasoned speaking rejection of representations considering individual hardships and policy guidelines.
Mechanical rejection of transfer representations without reasoned consideration of individual difficulties is impermissible; authorities must pass speaking orders balancing administrative exigency wi....
Transfers within service are at discretion of authorities based on administrative needs, not strictly bound by service tenure guidelines.
Rejection of employee representations against transfer must be reasoned and speaking, addressing individual hardships sympathetically alongside administrative exigencies; mechanical orders quashed wi....
Judicial review of government servant transfers limited to malafides or statutory violations; no vested right to specific posting; policy-compliant orders not interfered with despite family claims.
Transfer authorities must pass reasoned speaking orders addressing individual hardships like medical grounds, despite administrative exigency prerogative.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
