MOHAN SINGH BISHT Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant was transferred by the respondents from Ranikhet in the State of Uttarakhand to Ghittorni in the State of Delhi. Dissatisfied with the aforesaid order, the appellant approached this Court by filing Writ Petition (S/S) No. 335 of 2010. A learned Single Judge of this Court, vide an order dated 13.05.2010, dismissed the aforesaid writ petition. Through the instant Special Appeal, besides assailing the impugned order of transfer dated 19.04.2010, the appellant has also impugned the order dated 13.05.2010, whereby Writ Petition (S/S) No. 335 of 2010 was dismissed.

(2.) During the course of hearing, it is the vehement contention of the learned counsel for the appellant, that as per the transfer policy guidelines issued by the respondents, normal tenure at a station is of a period of five years. Additionally, the policy guidelines mandate that an employee should not ordinarily be transferred within two years of the date of his retirement from service.

(3.) The instant contention was also advanced on behalf of the appellant before the learned Single Judge. For the same reasons, as were indicated by the learned Single Judge in his order dated 13.05.2010, we are of the view that transfer policies issued by the Government or organizations, which are instrumentalities of the State in terms of Article 12 of the Constitution of India are merely directory, and as such, have no binding force. Additionally, in the absence of allegations of mala fides or extraneous consideration coupled with the violation of the policy guidelines, it is inappropriate to interfere in an order of transfer. Suffice it to state, that the learned counsel for the appellant, during the course of hearing of the instant case, did not raise any such allegations against any of the respondents.