Mohd. Masood Ahmad v. State of U.P. & Ors.

\ ,__ A ## MOHD. MASOOD AHMAD _v._ STATE OF U.P. & ORS. SEPTEMBER 18, 2007 B [C.K. THAKKERAND MARKANDEYKATJU,JJ.) ## _Service Law:_ _Transfer-Transfer of public servant.from one place to another-_ c _Allegation that transfer order at the instance of MLA-lnterference with-Held: Transfer is an exigency of service and is an administrative decision-Public servant was on transferable post--Transfer order at the instance of MLA by itself would not vitiate the transfer order-It depends on the facts of the case-Thus, High Court rightly did not_ D _interfere with the transfer order-Constitution of India, 1950-Article 226._ D -4-- The question which arose for consideration in this appeal was whether the High Court _!:ightly dismissed the Writ Petition filed by E[appellant-Executive Officer, ][Nagar ][Palika Parishad challenging his ] transfer order from Muzaffarnagar to Mawana, District Meerut. ## Dismissing the appeal, the Court HELD: 1.1. Since the petitioner was on a transferable post, F[the High ][Court ][has rightly dismissed the writ petition since transfer ] is an exigency of service and is an administrative decision. Interference by the Courts with transfer orders should only be in very rare cases. [Para 4] [74-A-B] _B. Varadha Rao_ v. _State of Karnataka,_ AIR (1986) SC 1955, _Shi/pi_ G _[Bose ]_[v. ] _[State ][of ][Bihar, ]_[AIR ][(1991) SC 532, ] _[Union ][of ][India ]_[v. ] _[NP. ] Thomas,_ AIR (1993) SC 1605 and _Union oflndiav. S.L. Abbas,_ AIR (1993) SC 2444, relied on. _State of Punjab_ v. _Joginder Singh Dhatt,_ AIR (1993) SC 2486, _Abani Kanta Rayv. State of Orissa,_ (1995] Supp. 4SCC169, _Rajendra_ H 72 MOHD.MASOODAHMADv. STATE[KATJU,J.] 73 _Rao_ v. _Union of India,_ [1993] 1 SCC 148, _National Hydroelectric_ A _Power Corporation Ltd._ v. _Shri Bhagwan,_ [2001] 8 SCC 574, _State Bank of India_ v. _Anjan Sanyal,_ [2001] 5 SCC 508, _Vijay Pal Singh_ v. _State of UP.,_ (1997) 3 ESC 1668 and _Onkarnath Tiwari_ v. _The Chief Engineer, Minor Irrigation Department, UP. Lucknow,_ (1997) 3 ESC 1866, referred to. B > 1.2. Even if the allegation of the appellant that he was transferred on the recommendation of an MLA is correct, that by itself would not vitiate the transfer order. After all, it is the duty of the representatives of the people in the legislature to express the > grievances of the people and if there is any complaint against an C official the State government is certainly within its jurisdiction to transfer such an employee. There can be no hard and fast rule that every transfer at the instance of an M.P. or MLA would be vitiated. It all depends on the facts and circumstances of an individual case. Thus, there is no infirmity in the impugned transfer order. D D [Para 8] [75-E-F] CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4360 of 2007. From the Judgment and Order dated 08.07.2005 of the High Court E of Judicature at Allahabad in Writ Petition No. 1110 (SIB) of 2005. Dinesh Kumar Garg and V.K. Biju for the Appellant. S.B. Upadhyay, Chandan Ramamurthi, Sandeep Singh, Manoj Kr. Dwivedi, G. Venketesh Rao, Shiv Mangal Sharma, Shubra and Jatinder F Kumar Bhatia for the Respondents. The Judgment of the Court was delivered by MARKANDEY KAT JU, J. 1. Leave granted. G 2. This appeal has been directed against the impugned judgment & order dated 8.7.2005 passed by the High Court of Judicature at Allahabad in Writ Petition No.1110 (SIB) of 2005. 3. Heard learned counsel for the parties and perused the record. H SUPREME COURT REPORTS [2007] 10 S.C.R. 74 i - A 4. The petitioner-appellant, who was an Executive Officer, Nagar Palika Parishad MUZi;tffamagar, had in his writ petition challenged his transfer by the State Government by order dated 21.6.2005 as Executive Officer, Nagar Palika Parishad Mawana, District Meerut. Since the petitioner was on a transferable post, in our opinion, the High Court has - B[rightly ][dismissed ][the ][writ ][petition ][since ][transfer ][is ][an ][exigency ][of ][service ] and is an administrative decision. Interference by the Courts with transfer orders should only be in very rare cases. As repeatedly held in several decisions, transfer is an exigency of service vide _B. Varadha Rao_ v. _State of Karnataka,_ AIR (1986) SC 1955, _Shilpi Bose_ v. _State of Bihar,_ AIR - c[(1991) ][SC ][532, ] _[Union ][of ][India ]_[v. ] _[NP. ][Thomas, ]_[AIR ][(1993) ][SC ][1605, ] _Union of India_ v. _S.L. Abbas,_ AIR (1993) SC 2444, etc. +- 5. In _State of Punjab_ v. _Joginder Singh Dhatt,_ AIR (1993) SC 2486 this Court observed (vide paragraph 3 of the said AIR): - D "We have heard learned counsel for the parties. This Court has time and again expressed its disapproval of the Courts below interfering with the order of transfer of public servant from one place to another. It is entirely for the employer to decide when, where and at what point of time a public servant is transferred from his present posting. Ordinarily the Courts have no jurisdiction to - E interfere with the order of transfer. The High Court grossly erred in quashing the order of transfer of the respondent from Hoshiarpur to Sangrur. The High Court was not justified in extending its jurisdiction tmder Article 226 of the Constitution of India in a matter where, on the face of it, no injustice was caused" F )-- _r_ 6. In _Abani Kanta Ray_ v. _State of Orissa,_ [1995] Supp. 4 SCC 169; (1996) Lab IC 982, this Court observed (vide paragraph 10): - "It is settled law that a transfer which is an incident of service - is not to be interfered with by the Courts unless it is shown to be - G clearly arbitrary or vitiated by _mala fides_ or infraction of any professed norm or principle governing the transfer. (See _NK. Singh_ v. _Union of India)"_ 7. The scope of judicial review of transfer under Article 226 of the H Constitution oflndia has been settled by the Supreme Court in _Rajendra_ 75 MOHD.MASOODAHMADv. STATE[KATJU,J.] _Rao_ v. _Union of India,_ [1993] 1 SCC 148; AIR (1939) SC 1236, A _National Hydroelectric Power Corporation Ltd_ v. _Shri Bhagwan,_ [2001] 8 SCC 574; AIR (2001) SC 3309, and _State Bank of India_ v. _Anjan Sanyal,_ [2001] 5 SCC 508; AIR (2001) SC 1748. Following the aforesaid principles laid down by the Supreme Court, the Allahabad High Court in _Vijay Pal Singh_ v. _State of UP.,_ (1997) 3 ESC 1668; B (1998) All LJ 70 and _Onkarnath Tiwari_ v. _The ChiefEngineer, Minor Irrigation Department, UP. Lucknow,_ (1997) 3 ESC 1866; (1998) All LJ 245, has held that the principle oflaw laid down in the aforesaid decisions is that an order of transfer is a part of the service conditions of an employee which should not be interfered with ordinarily by a Court of c law in exercise of its discretionary jurisdiction under Article 226 unless the Comt finds that either the order is _ma/a fide_ or that the service rules prohibit such transfer, or that the authorities who issued the orders, were not competent to pass the orders. 8. Learned counsel for the appellant submitted that the impugned D transfer order of the appellant from Muzaffamagar to Mawana, District Meerut was made at the instance of an MLA. On the other hand, it has been stated in the counter affidavit filed on behalf of respondent Nos. 1 & 2 that the appellant has been transferred due to complaints against him. In our opinion, even if the allegation of the appellant is correct that he E was transferred on the recommendation of an MLA, that by itself would not vitiate the transfer order. After all, it is the duty of the representatives of the people in the legislature to express the grievances of the people and if there is any complaint against an official the State government is certainly within its jurisdiction to transfe~ such an employee. There can F be no hard and fast rule that every transfer at the instance of an M.P. or MLA would be vitiated. It all depends on the facts & circw11stances of an individual case. In the present case, we see no infirmity in the impugned transfer order. 9. The appeal is dismissed. There is no order as to costs. G N.J. Appeal dismissed