DHARAMVIR SINGH Vs. UOI

JUDGEMENT

(1.) The petitioner is working as a Head Constable in Central Industrial Security Force. He has, in this petition, assailed his transfer from Ghaziabad to Jorhat on the ground that he has been frequently transferred from one place to another over the past ten years and that the present transfer is contrary to the policy of giving a tenure of two years to an employee at one place.

(2.) Transfer, it is well settled, is an incident of service and does not violate any fundamental, statutory or legal right of the petitioner. Courts do not interfere with orders of transfer unless the same are shown to be vitiated by malafides or incompetence of the authority ordering transfer. The petitioner has not, in the present case, made any allegation regarding extrenous consideration or malafides in the writ petition while assailing the order of his transfer. There is no challenge even to the competence of the authority making the order. That apart as a member of the disciplined force, the petitioner is required to serve anywhere in the country. He was working in Delhi from 2003- 2005 and from 2005 onwards till 2007 in Lucknow from where he was transferred to Ghaziabad and then to Jorhat. There is nothing unfair, illegal or perverse about that order to warrant interference.

(3.) There is no merit in this writ petition which fails and is hereby dismissed but in the circumstances without any order as to costs.