STATE OF M.P. Vs. S.S. KAURAV

JUDGEMENT

(1.) LEAVE granted.

(2.) THE respondent is an Executive Engineer working in the Department of Water Resources of the appellant -Government. He worked as Assistant Engineer from 3.6.89 to 25.7.92 at Bhopal and after a short spell of six months again he was transferred to Bhopal in the promoted post of Executive Engineer and he continued at Bhopal from 19.10.92 to 9.7.93. The Department initiated orders of ,transfer at the instance of the Chief Engineer. The respondent came to be transferred from Bhopal to Jagdalpur vide proceedings dated 9.7.93. He challenged the correctness there of by filing O.A. No. 489/93 before the Administrative Tribunal at Bhopal. The Tribunal by its order dated 7.8.93 allowed the application, quashed the order of transfer and directed that it would be open to the Government to pass appropriate orders for transfer on the administrative grounds as per rules and law. It has also directed that the respondent would not be transferred during the period of ban. Calling in question the above order, this appeal, by special leave, came to be filed.

(3.) IT is contended for the respondent that the respondent had already worked at Jagdalpur from 1982 to 1989 and when he was transferred to Bhopal, there was no justification to retransfer him again to Jagdalpur. We cannot appreciate these grounds. The Courts or Tribunals are not appellate forums to decide on transfers of officers on administrative grounds. .The wheels of administration should be allowed to run smoothly and the Courts or tribunals are not expected to interdict the working of the administrative system by transferring the officers to proper places. It is for the administration to take appropriate decision and such decisions shall stand unless they are vitiated either by mala fides or by extraneous consideration without any factual background foundation. In this case we have seen that on the administrative grounds the transfer orders came to be issued.