A SELVARAJ Vs. CHIEF ENGINEER

JUDGEMENT

(1.) THE learned counsel appearing for the petitioner submitted that when the petitioner was serving in the respondents department at Erode District, for no reason, the respondents have wrongly transferred the petitioner to Nilgiris District, by an order dated 11.11.2010, which was signed by the Superintendent on 21.10.2010. Further, it was argued that when the transfer of the petitioner was effected, in the counter, it was mentioned that the petitioner's presence would cause detrimental to the administration of the Division Office, since the petitioner connived with one Murugan, who had proceeded with departmentally, therefore, it is obvious from the enquiry that the petitioner is involved in the said allegation. Accordingly, it was contended that just because the petitioner is associated with one Murugan, against whom, an enquiry is pending, the respondents cannot seek to transfer the petitioner from Erode District to Nilgiris District.

(2.) IN his further submission, he has also relied upon the judgment of the Apex Court in the case of Somesh Tiwari Vs. Union of INdia ((2009) 2 SCC 592) to say for a proposition that if any transfer order is based on an irrelevant ground, namely, on the allegations made against the petitioner in an anonymous complaint, the same is liable to be set aside as illegal and on that basis, learned counsel for the petitioner sought for setting aside the impugned transfer order.

(3.) IT is settled law that the Courts should not interfere with transfer orders which are 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.