LI Network
Published on: 31 August 2023 at 12:30 IST
The Telangana High Court has reiterated that transfer orders cannot be utilized as a punitive measure and emphasized that such orders will be deemed inherently unlawful and therefore set aside.
Justice Juvvadi Sridevi delivered this ruling in response to a writ petition filed by a mechanic employed at the Korutla Depot. The mechanic contested his transfer to the Banswada Depot, arguing that it was not based on administrative grounds.
The Court’s order stated: “It is held by the Hon’ble Supreme Court that the transfer, which is ordinarily an incidence of service, should not be interfered with unless malafides are attributed to the authority passing such order. It is further held that when an order of transfer is passed in lieu of punishment, the same is liable to be set aside being wholly illegal.”
The respondents asserted that the transfer was not punitive but rather necessitated by a shortage of mechanics at the other depot.
However, the Court examined the transfer proceedings and noted that they referenced a charge sheet issued by the manager of the Korutla Depot. The charge sheet alleged a breach of COVID-19 protocols by the petitioner, which in turn prompted the transfer.
The Court concluded that this transfer was enacted as a punitive action rather than for administrative reasons. It emphasized that transfer orders issued for administrative purposes should not be challenged unless there is proof of malafide intent.
“However, in view of the facts narrated above, as the transfer in the present case is the result of punitive measure being not proved through cogent evidence the judgments relied on by the learned Standing Counsel for respondents are not applicable to the facts of the present case.”
As a result, the transfer order was annulled.
