Kuldeep Singh vs State of Haryana and Others

Rajiv Narain Raina, J.—The petitioner is a Commercial Fisherman in the Fisheries Department, Haryana. In the general transfers ordered, he has been transferred from Bhiwani to Rohtak by order dated 28.6.2013 which he has impugned in this petition. The petitioner has tried to project that respondent no. 3-Director, Fisheries Department, Haryana has a personal grudge against him and has, therefore, ordered the transfer though there was no administrative exigency involved. The third respondent has been impleaded by name. In paragraph 8 of the writ petition, it is stated that the petitioner had made an application through proper channel to the Director, Fisheries Department, Haryana, Panchkula complaining that on acquiring the degree of B.Sc. Medical, an entry in the service book was not made, even after passing of one month of the request letter dated 21.5.2013. The letter dated 20.6.2013 (P-3) contains a foot note addressed to the Principal Secretary and Commissioner, Haryana, Government, Fisheries Department, Chandigarh that the 3rd respondent-Director has personal grudge against him. Paragraph 8 of the writ petition is the only pleading aimed at the 3rd respondent which is reproduced below:-

That when respondent no. 3 came to know about application Annexure P-3, he immediately ordered the transfer of the petitioner just to harass him. The petitioner was ordered to be transferred by respondent no. 3 on 28.6.2013 just after 8 days of submission of the application Annexure P-3. Copy of the order dated 28.6.2013 is annexed herewith as Annexure P-4 for kind perusal of this Hon''ble Court.

The averments of harassment made in paragraph 8 are not sufficient to constitute allegations of mala fide against the 3rd respondent. In absence of proof of mala fide, the scope of judicial review in a transfer matter is limited. I do not find any perversity in the transfer order. The petitioner has been transferred to a vacant post at Rohtak. Public interest demands that vacant post should be filled. I see no ground to interfere in the present matter. The writ petition being devoid of merit, deserves to be dismissed. Ordered accordingly.