Allahabad High Court Emphasizes Limited Judicial Interference in Transfer Decisions

LI Network

Published on: December 06, 2023 at 12:40 IST

The Allahabad High Court has reiterated that courts should refrain from interfering in administrative decisions such as transfer orders, emphasizing that they are inherent conditions of employment.

The court, led by Justice Kshitij Shailendra, declined to intervene in the transfer order of a government employee, stating that transfer is a fundamental aspect of employment and is subject to the rules provided.

The petitioner contested his transfer from district Agra to district Saharanpur, citing the recent transfer from Farrukhabad to Agra and asserting that the hasty transfer prejudiced him. The petitioner, dealing with health issues, requested a transfer to Prayagraj or nearby locations.

The court, referring to Fundamental Rule 15, highlighted that the President may transfer a government servant from one post to another. It cited previous Supreme Court decisions, including Shanti Kumari v. Regional Deputy Director, Health Services, Patna Division, Patna, emphasizing that courts should not interfere in transfers made for administrative reasons unless there is a violation of statutory rules or mala fide intentions.

While rejecting the plea to quash the transfer, the court granted the petitioner the liberty to approach authorities through representation for a transfer to another location based on vacancies and medical grounds.

Case Title: Vijay Bahadur Singh v. State Of U.P. And 3 Others

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