Radhelal Kushtwar vs State of M.P.

Sujoy Paul Judge

Petitioner is transferred from Karera to Khaniyadhana, which is challenged on certain grounds of personal inconvenience. Shri D.P. Singh submits that he intends to submit a fresh representation, wherein the stand that petitioner is not surplus will be taken. No interference can be made on personal grounds. This is settled in law that transfer order can be interfered with only if it runs contrary to the statutory provision, proved to be a malafide one, changes service conditions of an employee to his detriment or issued by an incompetent authority. Mere violation of transfer policy, will not render transfer order as illegal. The Division Bench of this Court reported in ILR (2007) M.P 1329 [R.S. Choudhary Vs. State of M.P] held as under :

In view of the aforesaid pronunciation of law by the Apex Court in several cases, which we have referred hereinabove, we are of the considered opinion that the transfer policy formulated by the State is not enforceable as the employee does have a right and the Courts have limited jurisdiction to interfere in the order of transfer. The Court can interfere if there is violation of mandatory statutory rule or if the action of the Government is capricious, malicious, cavalier and fanciful. What would constitute these components that would depend on facts of each case as the same can be neither illustratively or exhaustively stated. In fact, that is not warrantable to be stated. We proceed to hold that in case an order of transfer is assailed on the ground that there has been violation of the policy, the proper remedy is to approach the authorities by pointing out the violation and it is expected of the authorities to deal with the same keeping in mind the policy guidelines with utmost objectivity.

(Emphasis supplied)

Considering the aforesaid and on the fact that petitioner is a widow, I am only inclined to direct the petitioner to prefer a representation expeditiously before respondent No.2 along with copy of this order. In turn, respondent No.2 shall consider and decide the representation within 15 days by a reasoned order. Till decision of representation, no coercive action shall be taken against the petitioner for not joining at the transferred place.With the aforesaid, petition stands disposed of without expressing any opinion on the merits of the case.