STATE OF BIHAR Vs. AFTAB AHMAD

JUDGEMENT

(1.) THE Letters Patent Appeal is admitted.

(2.) IN view of the short controversy that has been raised in the appeal, we are satisfied that this appeal deserves to be heard and decided at this stage itself and we proceed accordingly. Aftab Ahmad, the present respondent, is employed as an Urdu translator under the Urdu Directorate, Rajbhasha Department, Government of Bihar, Patna. By an order dated 20.06.2005, he has been transferred from Sarairanjan Block, Samastipur to Madhubani Block in the district of West Champaran. His wife is working as an Assistant Teacher in Giris High School, Samastipur. He made a representation to the concerned authority for his posting at the place his wife was posted. His grievance is that instead of acceding his request, he has been transferred to the Collectorate, Begusarai vide office order dated 30.06.2006. He challenged the said order by filing writ petition (C.W.J.C. No. 14374 of 2007) before this Court. The Single Judge by his order dated 5th December, 2007 has allowed the writ petition and quashed and set aside the order dated 30.06.2006. The Single Judge has d1i8 r/e 4/c 2te 014 d th Pae ge c 74oncerned authority to consider the representation of the present respondent and allow him to work at the place where his wife was working. The Single Judge also observed that in the event it was felt that it woud be prudent to keep the present respondent out of Sarairanjan Block, Samastipur, it would be open to the State to post the present respondent at such place as it deems fit and proper and if the same is away from Samastipur, to also post his wife at the same place.

(3.) IN a matter of transfer of an employee, it has always to be kept in mind that transfer is an incident of service and not its condition. An order of transfer is amenable to judicial review only on two counts, namely, (i) if such order of transfer is in contravention of law, and (ii) if the order of transfer suffers from the vice of malice or is otherwise actuated by ulterior motive. The Court does not sit over the administrative decision of transfer of an employer unless such administrative decision, as indicated above, suffers from the vice noticed above.