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Judgment
As per the last order sheet dated 13.01.2026, the learned counsel for the applicant requested time to seek instructions from his client and apprise the court. Today, when the matter was taken up, nobody has appeared on behalf of the applicant.
The instant original application has been directed against the order dated 24.04.2023 (Annexure A-1) by which the applicant was transferred from New Katni Junction to Jabalpur.
The respondents have contested the OA and filed reply stating therein that transfer of the applicant has been made purely in accordance with transfer guidelines / policy and he has been transferred on administrative grounds. Learned counsel for the respondents has further submitted that as per the transfer guidelines, the competent authority may transfer or post any officer/staff at any station or post, if necessary, on administrative grounds. The Learned counsel for the respondents has also made a statement at the Bar that the applicant has already been relieved from New Katni Junction and joined at Jabalpur. Thus, the respondents have stated that the OA may be dismissed.
It is evident from the record that the transfer of the applicant has been made purely on administrative ground . It is well settled legal position that utmost latitude should be left with the department concerned to enforce discipline, decency and decorum in public service which are indisputably essential to maintain quality of public service and meet untoward administrative exigencies to ensure smooth functioning of the administration. It is also settled by the Hon’ble Apex Court in the case of State of U.P. Vs. Siya Ram and others reported in AIR 2004 SC 4121, “No Government servant or employee of public undertaking has legal right for being posted at any particular place. Transfer from one place to other is generally a condition of service and the employee has no choice in the matter. Transfer from one place to other is necessary in public interest and efficiency in the public administration. Unless an order of transfer as shown to be an outcome of malafide exercise or stated to be in violation of statutory provisions prohibiting any such transfer, the Courts or the Tribunals normally cannot interfere with such orders as a matter of routine.”
The Hon’ble Apex Court in the case of High Court of Judicature of Madras Vs. R. Perachi (2011) 12 SCC 137, has been pleased to observe as under:
“23……Transfer of a government servant in a transferable service is a necessary incident of the service career. Assessment of the quality of men is to be made by the superiors taking into account several factors including suitability of the person for a particular post and exigencies of administration. Several imponderables requiring formation of a subjective opinion in that sphere may involved, at times. The only realistic approach is to leave it to the wisdom of the hierarchical superiors to make the decision. Unless the decision is vitiated by mala fides or infraction of any professed norm of principle governing the transfer, which alone can be scrutinized judicially there are no judicially manageable standards of scrutinizing all transfers and the courts lack the necessary expertise for personnel management of all government department. This must be left, in public interest, to the departmental heads subject to the limited judicial scrutiny indicated.” 6. It also noted that the matter is pending since 2023 and there is no interim order staying the transfer of the applicant. Moreover, as per the averment of the respondents’ counsel, the applicant has already joined at transferred place.
In view of the above observations and the law laid down the Apex Court, the OA lacks merit and deserves to be dismissed. Accordingly, Original Application No. 507/2023 is dismissed.
There shall be no order as to costs.