LAWS(ALL)-2011-11-353

SHYAM SINGH S/O LATE HARI PRASAD SINGH Vs. CHIEF COMMISSIONER RAILWAY SECURITY FORCE HEAD OFFICE NORTHE

Decided On November 25, 2011
Shyam Singh S/O Late Hari Prasad Singh Appellant
V/S
Chief Commissioner Railway Security Force Head Office Northe Respondents

JUDGEMENT

(1.) HEARD Ms. Ranjana Agnihotri, learned counsel for the petitioner, Sri Pankaj Srivastava, learned counsel for opposite parties. and perused the record.

(2.) BY means of the present writ petition, the order of transfer dated 10.10.2011 ( Annexure no.3) passed by opposite party no.2 is under challenge.

(3.) THE law is well settled that transfer being exigency of service can be effected by the employer concerned in accordance with its administrative exigency, in the interest of administration and public interest at any point of time and that cannot be monitored and guided by this Court unless it may be shown that transfer order is vitiated on account of the contravention of the statute, or lacks jurisdiction or mala fide as such in view of the judgment passed by the Hon'ble Supreme Court in the case of Shilpi Bose (Mrs.) and others Vs. State of Bihar and others, : 1991 Supp (2) SCC 659 wherein Hon'ble Supreme Court has held as under: -