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KSHITIJ SHAILENDRA
Vijay Bahadur Singh – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. This case has been nominated to this Bench under the order of Hon'ble the Chief Justice.
2. Heard Mr. Abhishek Kumar Srivastava, learned counsel for the petitioner, Mr. Jitendra Singh, learned Additional Chief Standing Counsel for respondent Nos. 1 and 2, Mr. Himanshu Kumar, learned counsel holding brief of Ms. Tanisha Jahangir Monir, learned counsel for respondent No.3 and Mr. Shri Ram Pandey, learned counsel for respondent No. 4.
3. The petitioner is aggrieved by the impugned transfer order dated 20.10.2023, whereby the State Government, on the ground of exigency of work, has transferred the petitioner from district Agra to district Saharanpur with a direction to immediately join the transferred post.
4. While assailing the transfer order, it has been argued that just three months ago, the petitioner was transferred from district Farrukhabad to district Agra and, therefore, the order impugned having been hurriedly passed, is seriously prejudicial to the petitioner's interest, as he has just settled at district Agra. Learned counsel for the petitioner further submits that the petitioner is suffering from heart disease and he may be transferred to any place, either at Pra
The main legal point established in the judgment is that transfer of an employee is an administrative decision and should not be interfered with unless there is a violation of statutory provisions or....
Judicial review of transfer orders is limited to cases of mala fides or statutory violations; transfers are normal incidents of service.
Judicial review of transfer orders is limited; transfers are inherent to service unless proven otherwise.
Transfer of an employee is an essential condition of service and can only be interfered with in exceptional circumstances. Courts have limited jurisdiction to interfere in transfer matters.
Judicial review of transfer orders is limited; transfers are inherent to service unless proven otherwise.
Government employees do not have a vested right to remain posted at a particular place, and interference with transfer orders is limited to specific grounds.
Government servants have no vested right to remain posted at a place of their choice and can be transferred in administrative exigencies. Interference with transfer orders should be limited to cases ....
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