CHAND KISHORE CHAKRABORTY Vs. CHAIRMAN, FCI AND OTHERS

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 28-1-2000 passed by a learned single Judge of this Court in A.S.T. No. 294 of 2000, whereby and where under the writ application filed by the appellant herein was dismissed in limine.

(2.) The appellant, in the writ application, questioned an order of transfer from Calcutta to Bhubaneswar, inter alia, on the ground: (a) the authority who has passed the order of transfer had no jurisdiction to do so; (b) the wife of the appellant being an employee of Calcutta Police and being posted at Calcutta, he should not have been transferred as contained in clause 10 of the circular letter No. EP. 3(2)/88 dated 26-3-1990 which is contained in Annexure 'G' to the stay application; (c) Other persons who had been working in F.C.I. at Calcutta, had been retained.

(3.) It is now a well settled principle of law that transfer is an incidence of service. An employer is entitled to transfer an employee from one station to another in the interest of the administration. The parameter of jurisdiction to this Court exercising power of judicial review under Articles 226 and 227 of the Constitution of India is limited. This Court can exercise jurisdiction, inter alia, in a case where the order of transfer has been passed mala fide or in violation of the mandatory provision of any statutory rules.