Income Tax Commissioner's Transfer from Nagpur to Chennai- CAT declines to interfere
THE applicant, who is working as CIT (ITAT) at Nagpur, aggrieved by the action of the respondents in transferring him to Chennai as CIT (CO), filed the OA in the Central Administrative Tribunal, mainly seeking for a direction to retain him at Nagpur or to post him at any place in Maharashtra, on spouse ground.
The CAT quoted from a Supreme Court judgement that, 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 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.
The CAT quoted from another judgement that 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 CAT observed, "The applicant though vehemently contended that the respondents violated the Transfer Policy Guidelines, but failed to show, how the said alleged violation adversely affects his status, career prospects, seniority or emoluments. The applicant has also failed to show that the impugned transfer is vitiated by mala fides or in violation of any statutory provision."
The Application was dismissed.
The Government servant has no right to claim a posting in a particular place, but will the bosses be fair? Transfers are not always in public interest. It is the avowed policy of the Government to post husband and wife in the same place as far as possible. Even when it is possible, it is not done due to the sadistic attitude of some bosses.