SHARDA PATHANIA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) When Civil Miscellaneous Application No. 22047 of 1996, came up for orders, we heard counsel appearing on either side in detail. We dispose of the writ petition itself.

(2.) The petitioner is holding a transferable post. She is working as Nursing Sister. By Annexure P-l order, she was transferred. Subsequently, the order of transfer was cancelled and she was directed to continue in the place from where she was transferred by Annexure P-l order. That order is under challenge.

(3.) The only contention raised by the petitioner is that when the first order of transfer was cancelled, the petitioner should have been posted back to the place from where she was transferred. If she was to be posted back in the original place, it is argued, there should have been a fresh order of transfer. In the absence of the fresh order of transfer, the order cancelling Annexure P-l order cannot have any legal validity. We find no ground to accept this argument. It is for the administration/the department to transfer and post officers who are holding transferable posts. This Court in the exercise of the powers under Art. 226 of the Constitution of India is not to interfere with the orders of transfers and postings, unless the petitioner succeeds in showing arbitrariness or mala fides in the said order. In the instant case, the petitioner has not succeeded in showing any of these conditions. In the absence of any such vitiating circumstance, we do not find any ground to interfere with the said order.