Lavneesh Sood vs Union Of India
2021 Latest Caselaw 6539 MP

Writ Petition No.22269/2021                                            1




HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE

                   Writ Petition No.22269/2021
              Lavneesh Sood v/s Union of India & Others
Indore, dated 08.10.2021
        Shri Anand Mohan Mathur, learned Senior Counsel along
with Shri Shailendra Sharma, learned counsel for the petitioner.
        Heard on admission.
                              ORDER

This petition filed under Article 227 of the Constitution of India assails the order dated 24.09.2021 passed by the Central Administrative Tribunal in O.A. No.201/433/2021 whereby Tribunal declined interference in the transfer order dated 06.07.2021 whereby petitioner was transferred from Kendriya Vidyalaya (KV), Ujjain to KV, Ratlam.

Shri Mathur, learned Senior Counsel criticized this order by contending that singular ground raised by present petitioner is that he is due for retirement within 31 months and before that his transfer by impugned order is bad in law. The Tribunal erred in not interfering with the transfer order.

No other point is pressed by learned Senior Counsel for the petitioner.

This is trite that transfer order can be interfered with if it runs contrary to any statutory provision (not policy guidelines), proved to be malafide, changes service condition of an employee to his detriment or issued by an incompetent authority. Personal inconvenience etc. cannot be a ground for interference. It is seen that Tribunal has considered relevant judgments of Supreme Court relating to scope of interference in transfer matter. The singular

ground so raised is not based on any statutory provision or prohibition. Thus, we are unable to hold that Tribunal has committed any illegality which warrants interference by this Court.

Thus, admission is declined.

    (SUJOY PAUL)                                    (ANIL VERMA)
      JUDGE                                           JUDGE

Ravi
Digitally signed by RAVI PRAKASH
Date: 2021.10.08 19:00:51 +05'30'