ZAHOOR AHMAD TANTRAY (DR.) Vs. STATE AND OTHERS

JUDGEMENT

(1.) Petitioner, Dr. Zahoor Ahmad Tantray, is a Medical Officer in the Indian Systems of Medicine under the Health and Medical Education Department of the State Government. He has impugned his transfer from Unani Dispensary, Ghulab-bagh, Srinagar to Unani Dispensary, Khaned in District Udhampur ordered by respondent No. 2-Director, Indian Systems of Medicine, Srinagar vide his order issued under endorsement No. DISM/Est./2894-96 dated 07.08.2013. Heard. I have perused the record.

(2.) Backgrounds facts, which are essential for disposal of this petition are these:

(3.) Transfer of a Government servant holding a transferable post is an exigency of service, which is inherent in terms of his appointment and an essential condition of his service. To order transfer of a Government servant indeed is in the wide discretion of the competent authority and as a general principle, an order of transfer of a Government servant, being an administrative action, ordinarily is not subject to judicial review. But the wide discretion of the competent authority has an implied and inherent covenant that the transfer is made in the public interest and the interest of administration as it is generally professed in the transfer order. There is an ample authority in favour of the view that transfer order of a Government servant can be interfered with in exercise of writ jurisdiction of this Court if Court finds that order is mala fide, has been passed by an authority not competent to make it or if service rules prohibit such transfer.