PARMESH CHANDER Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner is aggrieved of his transfer dated 28.02.2019. It is stated that he is supporting his mentally retarded brother, who is of an advanced age and that in case he was to be transferred from R. S. Pura to Bani, there would be nobody to support his brother.

(2.) Unfortunately the difficulty expressed by the petitioner does not constitute the grounds for setting aside the order of transfer, which was issued in the interest of administration. The exigency of service requires that an employee can be transferred to any place in accordance with rules.

(3.) The scope of judicial review in such matters is no longer res integra. It is settled law that the transfer order, unless shown to be a mala fide exercise of power, in violation of a statutory provision or passed by an authority having no jurisdiction, is not open to interference by the courts.