Tariq Hussain vs State of Jammu & Kashmir and Others

M.M. Kumar, C.J.—The instant appeal under clause 12 of the Letters Patent is directed against judgment and order dated 02.12.2013,

rendered by the learned Single Judge, holding that the transfer of the appellant-writ petitioner did not suffer from any legal infirmity nor the case

falls in any exception warranting interference of the Writ Court. It has been further held that transfer policy is not justiciable in the Court of law and

even otherwise the appellant-writ petitioner has been serving in the EM and RA Division Batote for the last about 6 years. We have heard the

learned counsel for the parties at some length and are of the view that the opinion expressed by the learned Single Judge is supported by a catena

of judgments of Hon'ble the Supreme Court. In that regard reliance may be placed on the observations made in the cases of Union of India and

Others Vs. H.N. Kirtania, Abani Kanta Ray Vs. State of Orissa and Others, and State of Madhya Pradesh Vs. Shri Arjun Singh and others, Thus

it is well settled that the order of transfer should not be interfered with unless there are strong and pressing grounds like malafide and arbitrariness.

A transfer order violating the policy of transfer would not constitute a valid ground for interference by the Court.

The appeal is wholly without merit and the same is dismissed.