MANGAT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The only grievance made by the learned counsel for the petitioner is that transfer of the petitioner has been effected 5 times in a span of two years and consequently the transfer is bad as it is not on account of administrative exigencies. In support of his contention the counsel for the petitioner relies on Ramadhar Pandey v. State of UP, 1993 4 SCT 224 wherein it is held that the transfer can be effected only in the administrative exigencies. For the similar proposition learned counsel also relies on Tripta Malhotra v. State of Punjab, 1991 1 SCT 151.

(2.) We have heard the counsel for the petitioner at length and have gone through the judgments cited by him. We have repeatedly put to the counsel whether the transfer has been made on malafide ground. The counsel has failed to point out either in the writ petition or otherwise any facts constituting allegation of malafide against any particular person though the expression 'malafide' has been used in the writ petition here and there.

(3.) The judgments cited by the learned counsel for the petitioner are not attracted to the facts and circumstances of this case. In the precedent relied on Additional Secretary of Transport was being transferred because of the malafide of his senior officer on whose dictates petitioner was said to have refused to act. The observations made by the Hon'ble Supreme Court cannot be read in isolation of the facts of the case. There is no law brought to our notice by which administration can be hampered in its working even in matters of transfers. In absence of any material it cannot be assumed that the transfer is with some ulterior motive. Ordinarily every act of the State is presumed to have been done in accordance with law and in the interest of good administration to meet the administrative exigencies. From the facts and circumstances of this case as narrated above particularly keeping in view the post the petitioner is occupying, it can be reasonably assumed that according to the exigencies of the service he can be transferred from place to place. Merely because a number of times he was transferred in the same District viz. Ambala, it cannot be assumed that transfer suffers from any malice.