UMESH CHAND TIWARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) TRANSFER of a Government employee is incident of service. Therefore, it cannot be challenged on ground that rights under Article 14 or 16 or 311 are violated. However this power must be exercised honestly, bonafide and reasonably-E. P. Royappa v. State of Tamil Nadu, AIR 1974 SC 555. It was reiterated in V. Vardha Rao v. State of Karnataka, AIR 1986 SC 955. The Hon'ble Court held, "It should be reasonable and fair and should apply to every body equally." An order of transfer, therefore, should not normally be interfered with except in those rare cases where it crosses the hardline which renders it vulnerable because of being unreasonable, unjust or unfair. "

(2.) THE scope of examination is, therefore, very limited as to if the order dated 1st June, 1987 suffers from any of these infirmities. Admittedly, the petitioner who is a confirmed Assistant Engineer was transferred at First Division Aligarh, Ganga Canal, Aligarh in July, 1985. Within a month he was required to hand over charge to one Rajeshwar Prasad Singh, who is alleged to have access to the Minister of Irrigation. Against this order the petitioner came to this Court and the operation of the order transferring him was stayed on 7th November, 1985. Things remained quiet for nearly one and half year. And on 27th July 1987 the order was withdrawan. Co-incidently within a month of the order of withdrawal the Secretary Irrigation wrote a letter on 20th May, 1987 to the Chief Engineer to transfer petitioner to distant place as serious irregularities had been found against officials posted at Ganga Canal against whom disciplinary proceedings were contemplated. THE follow up action was taken in pursuance of this direction by the Chief Engineer on 1st June, 1987.