SURESH SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Though respondents were noticed and they have shown cause, this petition has yet to be admitted. We heard counsel on the question of admission. Other applications there are, like I.A. No.II/87 for recalling the Advocates appeared -interim writ and I.A. No. III/87 for taking a rejoinder on record; and there is also document filed today by the petitioner. We have considered everything which has come before us today on record. But, we have taken view that there is no merit in this petition and it has to be dismissed in limine for reasons to follow.

(2.) INDEED , it behoves us to reiterate once again the settled law lest there lingers any misconception about it. Transfer of a government servant from one place to another place in exigency of service is rather a condition of the service by which he must abide; there is no right in him to object to his transfer unless that action is challenged as mala fide. This is because a mala fide action is always deemed to be non -est in law and the constitutional conclusion of Article 14 would kill such arbitrary action which would have no nexus with the object of exigency of service which it purported to serve. This position of law is projected in the decision of their Lordships in Shami Kumari v. Regional Deputy Director AIR 1981 SC 1577 and also in the Bench decision of this Court in Santosh Kumar 1986 CCLJ -SN 50

(3.) THE facts which are vocal have to be noted in this case because of the view we have taken in the matter. It is not a case in which we would be justified to put the State in the dock for uprooting the family of the petitioner by frequent, unscheduled and unreasonable orders of transfer. The position indeed is that the petitioner's substantive place of posting is behind and from there, on his own request, he was attached to the police of the Chief Engineer, Irrigation Department at Gwalior and that was done to take care of petitioner's difficulties which he has repeated in the representation that he had filed, which is as Annexure P -9. At Gwalior, he is serving for over 21/2 years and now he is being moved, no doubt to a distant place.