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Judgment
Markandey Katju, C.J.—This writ appeal has been filed against the impugned order of the learned single Judge dated 07.02.2004.
The appellant has challenged his transfer order. It is well settled that transfer is an exigency of service and hence this Court should not ordinarily
interfere with transfer orders. Admittedly, the first respondent in the writ appeal was on a transferable post. In the counter affidavit filed in
W.P.No.31183 of 2003 various allegations have been made against the first respondent (the writ petitioner) of deserting his post and not taking
any interest in work. In our opinion this does not make the transfer order illegal.
As regards the allegation of the writ petitioner that he was forced to sign in the relinquishment declaration dated 20.09.2001, this has been
denied by the appellant (first respondent in W.P.No.31183 of 2003) and we cannot go into this serious factual controversy. Moreover, the writ
petitioner has not stated in what manner he was compelled to sign that declaration. The writ petitioner does not deny his signature on that
declaration, but merely states that the declaration was obtained by compulsion. Such a bald assertion that the statement was obtained under
compulsion cannot be accepted unless it is explained in what manner that compulsion was made. The writ petitioner has not stated that he was
given any threat to his life or personal injury unless he signs that declaration nor has he explained in what other manner such a threat was given. A
mere assertion that a statement was signed under compulsion cannot be accepted, particularly, when it has been denied by the appellant, otherwise
everybody can deny his signature on every document merely by saying that it was obtained by compulsion. Ordinarily when some one signs some
document, it has to be presumed that the signature was obtained willingly and voluntarily, otherwise, there will be no sanctity of any signature in any
document.
It was then contended that the impugned transfer order does not give reasons nor an opportunity of hearing was given before the passing of the
impugned transfer order. In our opinion, there is no merit in these submissions, because a impugned transfer order is an administrative order and
not a quasi-judicial one. Hence, no reasons have to be given in the transfer order nor an opportunity of hearing to be given before passing a
transfer order.
In view of the above, this writ appeal is allowed and the impugned order is set aside. Consequently, W.A.M.P.No.1803 of 2004 is closed.
Both the writ petitions and the connected miscellaneous petitions are also dismissed. No costs.