SARIT BARAN MITRA Vs. CHHATTISGARH STATE AGRICULTURE

JUDGEMENT

(1.) BY this petition, the petitioner impugns the order dated 2nd March, 2009, (Annexure P/1) whereby the petitioner has been transferred from Krishi Upaj Mandi samiti Newra, Raipur to Krishi Upaj Mandi Samiti, Kasdol, raipur, on administrative grounds.

(2.) LEARNED counsel appearing for the petitioner submits that the petitioner was earlier posted at Kurud. By order dated 2. 8. 2008 (Annexure P/2), he was transferred to newra. Again, vide order dated 2. 3. 2009 (Annexure P/1), the petitioner has been transferred from Newra to Kasdol and the said transfer has been made on the instance of the respondent No. 2 as the respondent No. 2 has good political approach. The second contention of the petitioner is that his ailing parents reside at Bhilai and his children are studying at Bhilai which is 70 K. M. away from Nevara. Hence, the impugned transfer order dated 2. 3. 2009 (Annexure P/1) deserves to be set aside.

(3.) BE that as it may, it is well-settled principle of law that transfer is an incidence of service and it is for the employer to decide asto where a particular officer/employee be posted, keeping in view public interest as well as administrative exigency. This Court has limited jurisdiction to interfere with the transfer matter and except in the cases of proved malafide, non-competence of authority passing the transfer order and not being in conformity with the rules and regulations.