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GURPAL SINGH AHLUWALIA
Vipin Ghanghoriya – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. This petition under Article 226 of the Constitution of India has been filed seeking following reliefs:
(1) That, the impugned order dated 28.09.2022 Annexure P-1 may kindly be quashed/set aside in the interest of justice.
(2) That, any other suitable writ order or direction for doing justice in the matter may kindly be issued. Cost may kindly be awarded.
2. It is submitted by the counsel for the petitioner that the petitioner is working as Forest Guard and at present he is posted in Datia from the date of his appointment i.e. approximately six years. His wife made an application to the Forest Minister for transfer of the petitioner to somewhere else in Gwalior Division or out of Gwalior Division, so that he may reside separately from her step mother as well as his family members.
3. It is submitted that accordingly, by impugned order dated 28.9.2022 the petitioner has been transferred to Ratapani Abhayaran Forest Division Obedullahganj District Raisen. It is submitted that the order under challenge has not been issued in administrative exigency but it has been issued on the complaint made by the wife of the petitioner and, accordingly, he has filed I.A.No.7679/2022 for imple
The family life of the employee is a consideration in transfer decisions, and the court cannot interfere unless the transfer order suffers from malafides.
The court emphasized the duty of the petitioner to obey the transfer order and found no violation of the spouse posting mandate or public interest.
An employee cannot claim to serve at a particular place of his choice, and the court's interference with transfer orders is limited to cases of violation of statutory provisions or mala fides.
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