The main legal point established in the judgment is that an employee holding a transferable post is liable to be transferred from one place to another, and the scope of judicial review in matters of transfer of government servants without adverse consequence of the service or career prospects is very limited.

S.L. Jain, J.

1. Being aggrieved by the order dated 1st May, 2002, passed in Review Petition (M.C.C. No. 203 of 2002), arising out of the order dated 30th January, 2002, passed by the learned Single Judge in Writ Petition No. 4423 of 2000, the appellant/petition has filed this Letters Patent Appeal under Clause 10 of Letters Patent.

2. Brief facts of this appeal are that by way of W.P. No. 4423/2000 the appellant, who is an employee in M.P. State Mining Corporation (hereinafter referred to as 'the Corporation'), challenged the order of his transfer from Bhopal to Mainpat (District Surguja), dated 7-2-2000 on the post of Assistant Mines Manager. As alleged by the appellant, he was working as Asstt. General Manager (Mines) in the pay-scale of Rs. 3000-4000. By the impugned transfer order, the appellant has been transferred to Mainpat on the post of Assistant Mines Manager which is not sanctioned post in the establishment of Corporation. He has been transferred to a lower post which amounts to demotion. After the transfer of the appellant no other person has been posted on the post which he was occupying. The impugned order of transfer is mala fide and is effected to punish and penalize the appellant. He is being harassed by way of transfer due to the reason that he filed petition registered as M.C.C. No. 769/94 in this Court against the Corporation. He could not have been deprecated with an unscheduled and unreasonable transfer. The transfer has uprooted his family and caused irreparable hardship to him. The appellant submitted that his children are studying in English medium school at Bhopal and in Mainpat there is no English medium school. Therefore, the education of his children will suffer.

3. In the rejoinder, the appellant submitted that one Ashutosh Temle, Mines Manager, having the requisite qualification is presently posted in the independent charge at Hirapur. Mr. Temle could have been transferred to Mainpat to work in subordinate capacity and the appellant could have been transferred to Hirapur in the independent charge, but the appellant was transferred with mala fide intentions to Mainpat. The appellant is being put under the subordination of one P.S. Yadav who has been promoted to the post of Deputy General Manager superseding the appellant. This promotion has been challenged by the appellant in this Court. The transfer and posting of the appellant is aimed at forcing him to work under the administrative control of the officer who is much junior which will cause great deal of mental harassment and he will be required to work in a very disrespectful condition. The appellant apprehends that he will suffer harassment. In the rejoinder, the appellant has also submitted that he was never relieved from his post. The relieving order has been issued in haste only to put him under undue harassment.

4. The respondents have denied the allegations made in the petition. They have submitted that the appellant/ petitioner has been designated as Assistant Mines Manager to meet the requirement of provisions of Regulation No. 34 of the Metaliferous Mines Regulation, 1961 (hereinafter referred to as 'the Regulation'). The appellant was relieved on 20-7-2000, before filing of the petition on 22-7-2000. According to the respondents, the appellant has been transferred keeping in view the exigency of work as required to fulfil the objectives and responsibilities of the Corporation, which is a commercial undertaking of the Government of M.P. towards its valued customers. Transfer is a part of the normal routine. The respondents have further submitted that Mainpat mine has been closed down by the Director General of Mines Safety, in May, 2000. One of the conditions for allowing it to reopen was to post an Assistant Mines Manager with the requisite certificate of competency. Due to the appellant's wilful and unauthorized absence and refusal to join at Mainpat, the senior most officer of the Corporation of the rank of Senior General Manag