LAWS(PAT)-2006-1-60

UPENDRA PRASAD MANDAL Vs. UNION OF INDIA

Decided On January 05, 2006
Upendra Prasad Mandal Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE challenge in this writ petition by invocation of Articles 226. and 227 of the Constitution of India by the petitioner is against the order recorded by the Central Administrative Tribunal, Patna Bench at Patna on 18.4.2005 in O.A. No. 112 of 2005, whereby the challenge against the transfer of the petitioner, who has been working as Officer in the Postal Service Grade -B, from Purnea to Patna, has been rejected.

(2.) WE have heard the learned counsel appearing for the parties at the admission stage. We have considered the entire record and the text and tenor of the impugned order of the Tribunal. We have also taken into consideration the relevant pronouncement of law on jurisprudence of transfer.

(3.) LET it be also mentioned that incidental half -hearted allegation of mala fide so seriously made is not at all established while taking it very lightly later on. It is not the allegation of mala fide that helps the petitioner. The plea of mala fide has to be shown to the satisfaction of the Court. It can be only against denoting an earmarked person or limited person. Such a plea is nothing but an afterthought. The administrative exigencies when command and demand transfer, it is always the right of the master. It is only left to the management of the master for the public interest where the least interference should be by the Court. We therefore, find no substance in this petition.