A K VALLIMANALAN Vs. DIRECTOR GENERAL, CRPF

JUDGEMENT

(1.) The petitioner has come forward with this Writ Petition for quashing the transfer order issued by the third respondent dated 26.12.2016 and to forbear the respondents from transferring him from Recruit Training Centre(RTC), CRPF, Avadi to 85 Battalion, CRPF, Bijapur, till he has acquired medically fit (SHAPE-I).

(2.) The learned counsel for the petitioner contended that the writ petitioner is working in Avadi and has been transferred to 85 Bn, CRPF, Bijapur, Chhatishgar, by the proceedings of the third respondent dated 26.12.2016.

(3.) Before going into the facts of the case, this Court is of the view that the legal principle in the matter of transfer is well defined by the Hon'ble Supreme Court of India and by the High Courts. The writ petition filed challenging the administrative orders of transfer cannot be entertained in a routine manner. Writ can be issued against the orders of transfer only on exceptional circumstances if the order of transfer was issued by an authority without Jurisdiction or an incompetent authority issued the order or if the transfer order is in violation of the statutory rules in force or an allegation of mala fides are raised. In case of raising allegation of mala fides against the authority, it is necessary that such an authority against whom allegations are raised is to be impleaded as a party in the writ proceedings in his personal capacity. In the absence of any one of such legal grounds, no order of transfer can be subjected to judicial review under Article 226 of the Constitution of India.