STATE OF PUNJAB Vs. JOGINDER SINGH DHATT

JUDGEMENT

(1.) Special leave granted.

(2.) Joginder Singh Dhatt, the respondent, is working as Superintendent Grade-Il in the service of the Punjab Government. He was transferred from Hoshiarpur to Sangrur purely on administrative grounds. He challenged the order of transfer by way of a writ petition before the High Court on the ground that it, was a mid-term transfer and apart from that he was due to superannuate on June 30, 1994 and as such under Government instructions he should not have been transferred. The State of Punjab pleaded before the High Court that the transfer was in the ordinary course. It was further stated that Joginder Singh Dhatt was charge-sheeted and to ensure that he did not interfere with the inquiry proceedings he was transferred to Sangrur. The High Court allowed the writ petition and quashed the transfer order on the following reasoning:

(3.) We have heard learned Counsel for the parties. This Court has time and again expressed its disapproval of the courts below interfering with the order of transfer of public servant from one place to another. It is entirely for the employer to decide when, where and at what point of time a public servant is transferred from his present posting. Ordinarily the courts have no jurisdiction to interfere with the order of transfer. The High Court grossly erred in quashing the order of transfer of the respondent from Hoshiarpur to Sangrur. The High Court was not justified in extending its jurisdiction under Article 226 of the Constitution of India in a matter where, on the face of it, no injustice was caused.