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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Ajay Bhanot
Megha Sanjeev Kumar – Appellant
Versus
Punjab And Sind Bank – Respondent
JUDGMEMT
Hon'ble Ajay Bhanot, J.
1. Heard Sri Ravindra Narayan Singh, learned counsel for the petitioner and Sri Sundeep Agarwal, learned counsel for the respondents.
2. By the impugned order dated 10.01.2025 the petitioner has been transferred from Prayagraj branch to Bisani Pratapgarh.
3. The petitioner has assailed the impugned transfer order on the footing that it is actuated by mala fide and is penal in nature. Further as per the petitioner the transfer has been made on the basis of complaints which in itself is contrary to law.
4. The grounds on which the transfer order has been assailed shall be examined in the succeeding paragraphs.
5. A bare perusal of the transfer order and the attending circumstances discloses that a transfer order is not punitive in any manner. The petitioner has not been demoted to a lower post nor her salary has been lowered. The seniority of the petitioner does not get affected in any adverse manner.
6. The petitioner was posted at Prayagraj for a very long period of time between 2007-2025, except for a brief interlude from 19.11.2022 to 10.06.2024 when she was posted at Raipur. It is noteworthy that the husband of the petitioner is in the Railways and was
Judicial review of transfer orders is limited; transfers are valid unless proven to be made in mala fides or in violation of statutory provisions.
Judicial review of employee transfers is limited; transfers are administrative unless proven mala fide or in violation of statutory provisions.
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.
A transfer order, absent malafide intent or clear violation of statutory provisions, is not subject to judicial interference.
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.
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