J S RAWAT Vs. NATIONAL AIR PORT AUTHORITY

JUDGEMENT

(1.) IN this petition the petitioner has challenged the orders dated 5/6. 6. 91 and 14. 6. 91 passed by the Executive Director, National Airport Authority, New Delhi and Controller of Aerodrome, Jaipur. These orders have been passed in relation to the transfer of the petitioner who is holding the post of Aerodrome Officer, from Jaipur to Bombay.

(2.) LEARNED counsel for the petitioner has vehemently argued that the order of transfer has been passed on account of malice. The order is wholly arbitrary, capricious and unreasonable. It is a case of malafide exercise of power. According to Shri Upadhyay , a transfer policy has been framed by the Civil Aviation Department, Government of India, whose employee, the petitioner, continues to be and the impugned order has been passed wholesale breach of the said transfer policy, in as much as there are no administrative reasons for the impugned transfer. Transfer has been effected before expiry of the period of five years. It has been ignored that the petitioner has served at unpopular station for two years.

(3.) THE Supreme Court in that case had reversed the order of High Court quashing the order of transfer. This Court has also taken a similar view in Ram Charan Das vs. State of Rajasthan (3)I am in full agreement with the observations made by M. B. Sharma, J. in Ram Charan Das's case that unless the order of transfer is found to be in violation of legal or fundamental right of a servant or it is found that the transfer has been effected due to malice, this Court should not interfere with the order of transfer.