PADAMLATA KAUL Vs. STATE OF M.P.

JUDGEMENT

(1.)

(2.) THE petitioner has challenged her transfer order dated 13.7.2012 on the ground that it is passed to accommodate the respondent No.4 whose transfer order is cancelled on 13.7.2012. In other words, Shri J.P.Mishra submits that the transfer order is issued to accommodate the private respondent herein. It is also challenged on personal grounds including the ailment of son and mid session of daughter etc. I have heard the Learned Counsel for the parties and perused the record. The Supreme Court in Shilpi Bose (Mrs) and others Vs. State of Bihar and others [ : 1991 Supp (2) SCC 659] held that merely because one person is transferred and in lieu thereof somebody else is accommodated, it cannot be concluded that transfer is arbitrary or capricious exercise of power. It is open for the administration to issue such orders to accommodate the employees on personal/administrative grounds. The relevant portion of the judgment reads as under: -

(3.) TRANSFER order can be interfered with only when it violates any statutory provision, changes service conditions of an employee to its detriment, proved to be malafide or passed by an incompetent authority. No such ground is available in the present case.