Tag Archives: mala fide

Transfers: Discretion Vs. Arbitrariness

Dear Readers,

In regard to the Transfers in public service, a beautiful judgment has been delivered by a Court of Law. It is a virtual treat to go through the judgment. To facilitate readers, the details regarding the judgment concerned are given in three parts. On going through the judgment one recalls the noble Latin maxim followed by the Judiciary in the West, “Fiat justitia, ruat caelum” (Let justice be done, even if heavens fall).

Part I: Excerpts regarding the particular case.

An employee working in the Railways was transferred. Feeling aggrieved, the employee approached the Court of Law. “The respondents in their reply in para 3 has stated that who should be transferred where, is a matter for appropriate authority to decide. Unless the order is vitiated by malafide or is made in violation of any statutory provision the court cannot interfere with it. While ordering transfer, there is no doubt; the authority must keep in mind the guidelines issued by the Government on the subject. Similarly if a person makes any representation with respect to his transfer, the appropriate authority must consider the same having regard to the exigencies of administration. The guidelines say that as far as possible, husband and wife must be posted at the same place. The said guideline, however, does not confer upon the government employee a legally enforceable right.”……………“The wheels of administration should be allowed to run smoothly and the courts or tribunals are not expected to interdict the working of the administrative system by transferring the officers to proper places. It is for the administration to take appropriate decision and such decisions shall stand unless they are vitiated either by malafides or by extraneous consideration without any factual background foundation.”………………“The Railway would contend that the applicant has assailed the order on the ground also that there are large number of officers who are having longer tenure than the applicant but it is part and parcel of the administration that some people may get longer posting in a particular place due to administrative interest. They also said that large number of officers in the grade of SAG did not work in Delhi upto the level of SAG or above. They would say that the applicant had been transferred during mid academic session which would affect adversely the education of children. But it is also stated by them that such problems are general with officers of his age and status.”……… Continue reading

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