Excelsior Correspondent
JAMMU, Apr 22: High Court today held that transfer is an exigency of service of a Government servant and no Government servant has a right to remain posted at a particular place or against a particular post.
This significant judgment was passed in a petition filed by Ghulam Ali Malik, a Girdawar in Revenue Department. The petitioner was initiated posted as Incharge Naib Tehsildar Chassana in district Reasi vide Order dated 11.08.2014. Later, vide Government Order No. Rev/Gaz/248 of 2014 dated 21.10.2014, he was transferred and posted as Incharge Naib Tehsildar Kahara in Doda district.
The petitioner assailed his transfer mainly on the basis of Transfer Policy issued by the Government vide Order No. 861-GAD of 2010 dated 28.07.2010. Earlier, the court stayed the transfer vide order dated 21.10.2014. During the pendency of the writ petition, vide Order No. FC(A)29/Misc-Trnsf/016 dated 25.03.2016 issued by the Office of the Financial Commissioner (Revenue), petitioner was transferred from the post of Incharge Naib Tehsildar Chassana and posted as Incharge Naib Tehsildar, Assar in district Doda. The transfer was assailed by the petitioner by the medium of writ petition on the ground that transfer violates the interim direction issued by the court vide order dated 28.10.2014 and has been ordered to defeat the cause in the writ petition.
After going through the petition, Justice J R Kotwal observed, “transfer is an exigency of service of a Government servant and it goes without saying that no Government servant has a right to remain posted at a particular place or against a particular post”.
“Transfer, however, can be assailed before this court invoking the extra ordinary jurisdiction under Article 226 of the Constitution of India read with Section 103 of the State Constitution and this court may interfere if it is shown that transfer has been made contrary to rules applicable, by incompetent authority or is actuated with malafide intention”, Justice Kotwal said, adding “no reasonable ground, whatsoever, for showing any indulgence has been made out in the present petition, which is accordingly dismissed”.
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