Shyam Singh vs Chief Commissioner Railway Security Force Head Office Northe

Hon''ble Anil Kumar, J.—Heard Ms. Ranjana Agnihotri, learned counsel for the petitioner, Sri Pankaj Srivastava, learned counsel for opposite parties. and perused the record.

By means of the present writ petition, the order of transfer dated 10.10.2011 ( Annexure no.3) passed by opposite party no.2 is under challenge.

From the perusal of the record, it is not in dispute that the petitioner is holding transferable post.

The law is well settled that transfer being exigency of service can be effected by the employer concerned in accordance with its administrative exigency, in the interest of administration and public interest at any point of time and that cannot be monitored and guided by this Court unless it may be shown that transfer order is vitiated on account of the contravention of the statute, or lacks jurisdiction or mala fide as such in view of the judgment passed by the Hon''ble Supreme Court in the case of Mrs. Shilpi Bose and others Vs. State of Bihar and others, wherein Hon''ble Supreme Court has held as under:-

In our opinion, the courts should not interfere with a transfer order which is made in public interest and for administrative reasons unless the transfer order are made in violation of any mandatory statutory rule or on the ground of mala fide. A government servant holding a transferable post has no vested right to remain posted at one place or the other. He is liable to be transferred from one place to the other. Transfer orders issued by the competent authority do not violate any of his legal rights. Even if a transfer order is passed in violation of executive instructions or orders the courts ordinarily should not interfere with the order instead affected party should approach the higher authorities in the department.

The aforesaid view has been reiterated by Hon''ble Supreme Court in the case of Union of India and another Vs. N.P. Thomas, and N.K. Singh Vs. Union of India and others, holding therein if a person holding a transferable post, is transferred, there is no violation of any statutory/ mandatory rules then the same is not subject to judicial review.

Further, in the case of Chief General Manager (Telecom), N.E. Telecom Circle and another Vs. Rajendra Ch. Bhattacharjee and others, Hon''ble Supreme Court has held as under:-

It is needless to emphasise that a government employee or any servant of a public undertaking has no legal right to insist for being posted at any particular place. It cannot be disputed that the respondent holds a transferable post and unless specifically provided in his service conditions, he was no choice in the matter of posting. Since the respondent has no legal or statutory right to claim his posting at Agartala, therefore, there was no justification for the Tribunal to set aside the respondent''s transfer to Dimpur.

As prayed by learned counsel for the petitioner, in the interest of justice, it is provided that the petitioner shall make a fresh representation to opposite party no.1 within a period of two weeks from the date of receiving the certified copy of this order annexing all the relevant documents and materials in support of his case and after receiving the same opposite party no.1 shall consider and dispose of by way of speaking and reasoned order in accordance with law within a further period of three weeks thereafter.

Till the disposal of representation of the petitioner, no coercive measure shall be taken against the petitioner by the opposite parties.

With the above observation, the writ petition is finally disposed of.