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VISHAL MISHRA
Sunita Patel – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. The present petition under Article 226 of the Constitution of India has been filed challenging the validity, legality and propriety of the order dated 04.10.2022 (Annexure P/1) passed by the respondent No.3, whereby the petitioner has been transferred from Tahsil Beena to Tahsil Shahgadh.
2. Arguments on behalf of the petitioner is that it is a frequent transfer case, but the document Annexure P/2 reflects that it was an absorption order of the petitioner and pursuant to the same she was posted. She has been transferred on an administrative exigency for the first time by the impugned order. It is submitted that a representation (Annexure P/3) has been filed showing personable inconvenience which is pending consideration. An innocuous prayer is made to direct the respondents/authorities to consider and decide the pending representation expeditiously.
3. Per contra, counsel appearing for the State has opposed the prayer and submitted that the petitioner's transfer is on administrative grounds and as the transfer is a service condition; therefore, the petitioner is duty bound to comply with the transfer order. Virtually, no ground has been raised except the personal inconveni
Transfer orders can only be interfered with in exceptional circumstances, such as mala fide exercise of power or violation of statutory provisions.
The court emphasized that a challenge to an order of transfer should normally be eschewed and should not be countenanced by the courts or tribunals as though they are Appellate Authorities over such ....
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.
Judicial review of transfer orders is limited; transfers are inherent to service unless proven otherwise.
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.
Government servants have no vested right to remain posted at a place of their choice, and courts are reluctant to interfere with transfers unless there is a violation of statutory provisions or mala ....
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