Rajasthan High Court
Bhupendra Koli S/O Shri Naval Ram ... vs State Of Rajasthan on 18 October, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15043/2022
Bhupendra Koli S/o Shri Naval Ram Koli, Aged About 34 Years,
R/o Village Rara Shahpur, Post Sherpur, Tehsil Hindaun, District
Karauli. At Present Working As Technical Helper In The Office Of
A.en. (St) M And P, Jpd, Hindaun City, District Karauli.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Energy Department, Government Of Rajasthan, Jaipur.
2. Jaipur Vidhyut Vitran Nigam Ltd., Vidyut Bhawan,
Janpath, Jaipur Through Its Chairman Cum Managing
Director.
3. Chief Personnel Officer, Jaipur Vidhyut Vitran Nigam Ltd.,
Vidyut Bhawan, Janpath, Jaipur
4. Assistant Engineer (St), Jpd, Hindaun City, District Karauli
----Respondents
For Petitioner(s) : Mr. Vijay Pathak.
For Respondent(s) : Mr. Jai Lodha.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
18/10/2022
This writ petition has been filed by the petitioner with the
following prayer:-
"It is, therefore, prayed that this writ
petition may kindly be accepted and
allowed and by an appropriate writ, order or
direction, the orders dated 28.9.2022 and
30.9.2022 qua petitioner may kindly be
quashed and set-aside and the respondents
may kindly be directed to allow the
petitioner to continue as Technical Helper in
the office of A.En, (ST), JPD, Hindaun City,
District Karauli with all consequential
benefits to him.
(2 of 5) [CW-15043/2022]
Any other appropriate order or direction,
which this Hon'ble Court may deem just and
proper in the facts of the present case, may
also be passed in favour of the petitioner."
Counsel for the petitioner submits that the petitioner has
been transferred by the respondents from A.En (ST), JPD, Hindaun
City to A.En. (O&M) JPD, Mandrayal. Counsel further submits that
by this transfer order the seniority and promotion will be adversely
affected, therefore, prayed for allowing the writ petition.
Counsel for the respondents has opposed the writ petition
and submitted that transfer of the petitioner in the same circle
and has been given effect to in view of the 'Memorandum of
Settlement made between the Rajasthan State Electricity Boar and
the Prantiya Vidhyut Mandal Mazdoor Federation under the
Industrial Disputed Act' as adopted by the Corporation. Counsel
further submits that the seniority of the petitioner is not going to
be affected and his promotion will be considered as per the Rules.
Heard counsel for the parties and perused the record.
The Hon'ble Supreme Court in the matter of Union of India
and Anr. Vs. Deepak Niranjan Pandit and Anr. reported in
(2020) 3 Supreme Court Cases 404 in para Nos. 3 and 4 has
held as under:-
"3.The High Court, in interfering with the
order of transfer, has relied on two
circumstances. Firstly, the High Court has
noted that as a result of the stay on the
order of transfer, the headquarters of the
respondent will remain at Mumbai and
even if he is to be suspended, his
headquarters will continue to remain at
Mumbai. The second reason, which was
weighed with the High Court, is that the
spouse of the respondent suffers from a
cardiac ailment and is obtaining medical
treatment in Mumbai. In our view, neither
(3 of 5) [CW-15043/2022]
of these reasons can furnish a valid
justification for the High Court to take
recourse to its extraordinary jurisdiction
under Article 226 of the Constitution in
passing an order of injunction of this
nature. Significantly, the High Court has
not even found a prima facie case to the
effect that the order of transfer was either
mala fide or in breach of law. The High
Court could not have dictated to the
employer as to where the respondent
should be posted during the period of
suspension. Individual hardships are
matters for the Union of India, as an
employer, to take a dispassionate view.
4.However, we are categorically of the view
that the impugned order of the High Court
interfering with the order of transfer was in
excess of jurisdiction and an improper
exercise of judicial power. We are
constrained to observe that the impugned
order has been passed in breach of the
settled principles and precedents which
have consistently been enunciated and
followed by this Court. The manner in
which judicial power has been exercised by
the High Court to stall a lawful order of
transfer is disquieting. We express our
disapproval".
The Hon'ble Supreme Court in the matter of 'Rajendra
Singh & Ors. Vs. State of Uttar Pradesh & Ors. reported in
(2009) 15 Supreme Court Cases 178, where in para Nos. 8, 9
& 10, it has been held as under:-
"8. A Government Servant has no vested
right to remain posted at a place of his
choice nor can he insist that he must be
posted at one place or the other. He is
liable to be transferred in the
administrative exigencies from one place to
the other. Transfer of an employee is not
only an incident inherent in the terms of
appointment but also implicit as an
essential condition of service in the
absence of any specific indication to the
(4 of 5) [CW-15043/2022]
contrary. No Government can function if
the Government Servant insists that once
appointed or posted in a particular place or
position, he should continue in such place
or position as long as he desires (see State
of U.P. v. Gobardhan Lal; SCC P.406 para
7).
9. The courts are always reluctant in
interfering with the transfer of an
employee unless such transfer is vitiated
by violation of some statutory provisions or
suffers from mala fides. In Shilpi Bose v.
State of Bihar & Ors.1, this Court held :
(SCC p.661, para 4)
"4. In our opinion, the courts should
not interfere with a transfer order
which is made in public interest and
for administrative reasons unless
the transfer orders are made in
violation of any mandatory statutory
rule or on the ground of mala fide. A
government servant holding a
transferable post has no vested
right to remain posted at one place
or the other, he is liable to be
transferred from one place to the
other. Transfer orders issued by the
competent authority do not violate
any of his legal rights. Even if a
transfer order is passed in violation
of executive instructions or orders,
the courts ordinarily should not
interfere with the order instead
affected party should approach the
higher authorities in the
department. If the courts continue
to interfere with day-to- day
transfer orders issued by the
government and its subordinate
authorities, there will be complete
chaos in the administration which
would not be conducive to public
interest. The High Court overlooked
these aspects in interfering with the
transfer orders."
10. In N.K. Singh v. Union of India, this
Court reiterated that : (SCC p. 103; para
6)
"6. ... the scope of judicial review in
matters of transfer of a Government
Servant to an equivalent post without
adverse consequence on the service or
career prospects is very limited being
(5 of 5) [CW-15043/2022]
confined only to the grounds of mala fides
or violation of any specific provision...."
This writ petition filed by the petitioner deserves to be
dismissed for the reasons: firstly, the petitioner has been
transferred by the respondents in the same circle and his seniority
will not be adversely affected in view of the Rules & Regulations of
the Department; secondly, in view of the judgment passed by the
Hon'ble Supreme Court in the matters of Union of India &
Rajendra Singh (both supra), no case is made out for
interference by this court under Article 226 of the Constitution of
India.
Hence, this writ petition stands dismissed.
(INDERJEET SINGH),J
MG/92
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