In, Murthy vs State of Karnataka, a Single Bench of Kerala HC has held that, that passing an order of transfer without showing place of posting would suffer from legal malafide. Hence, vacancy will not arise until an employee in whose place another employee has been transferred, is shown a place of posting.
Facts
The petitioner has called in question validity of the order of transfer. The facts made out in the petition is that respondent has been posted to the place of the petitioner as per the impugned order. Insofar as the posting of the petitioner is concerned, it is only observed that the petitioner is to report to the competent authority for obtaining an order for posting. It is further noticed that it is only about more than about six [6] months after the order at Annexure - A, during the pendency of the present proceedings, the petitioner has been given an order of posting for vacant post.
Aggrieved by the same, the instant writ petition is being filed under Article 226 and 227 of the Constitution of India praying to quash the order of transfer to vacant post.
Court Observation
The Kerala HC while analyzing the question as to whether the order of transfer after the period of general transfers could be upheld where no order of posting has been shown as regards the petitioner observed that;
The Division Bench of this Court in the latest decision in Mahiboob Sab vs The State of Karnataka and Others W.P.No.16363/2021, noted that passing an order of transfer without showing place of posting would suffer from legal malafide.
Further, if transfers are made after the period of general transfers, no request for transfers should be entertained or orders made unless there is a vacant place.
Court Judgment
The Court while allowing the present petition has held that not showing an order of posting for a period of more than six [6] months and on the ground that no transfer must be made except to a vacant post after the period of general transfers.
Further Court directed the state to strictly comply with directions given in the Mahiboob Case.
Case: Murthy vs State of Karnataka
Citation: WRIT PETITION NO. 14860 OF 2022
Bench: Hon’ble Justice Sunil Dutt Yadav
Decided on: 18th August 2022
Read Judgment @Latestlaws.com
Picture Source :
