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VISHAL MISHRA
Naval Kishore Damahe – 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.1, whereby the petitioner has been transferred from Government Jata Shankar Trivedi, P.G. College, Balaghat to Government College, Malajkhand, District Balaghat.
2. It is pointed out that the petitioner who is working as Assistant Grade - III in Government Jata Shankar Trivedi, P.G. College, Balaghat since July, 2017 has been transferred after 5 years. It is submitted that a representation (Annexure P/4) 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 inconvenience which would be caused to the pet
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.
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 ....
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....
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 courts are reluctant to interfere with transfers unless there is a violation of statutory provisions or mala ....
Judicial review of transfer orders is limited; transfers are inherent to service unless proven otherwise.
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