MAHESH GOYAL Vs. NATIOINAL BANK FOR AGRI

JUDGEMENT

(1.) Instant special appeal is directed against order of the learned Single Judge, dated 27.04.2016. The appellant has rendered almost 32 years of service and is presently working as Deputy General Manager. On being transferred vide order dated 04.04.2016 from Jaipur to Raipur, he approached this Court by filing a writ petition, which came to be dismissed by the learned Single Judge under the order impugned dated 27.04.2016.

(2.) It manifests from the record that there was a complaint made by one of his subordinate officer Ms. Alka Kumari, Assistant Manager for her sexual harassment, on which the Internal Complaints Committee examined the matter and leaving apart outcome of its report, the Administration took a decision that at least the appellant should be transferred and accordingly vide order dated 04.04.2016 he was transferred from Jaipur to Raipur. At the same time, we find that in para -5, the learned Single Judge has referred to his various place of posting and major portion of his service he has served in Rajasthan. It is settled principle of law that transfer is an exigency of service and no one can claim right to continue at one place of posting. It is not the case of the appellant that on transfer conditions of service in any manner going to be affected and the appellant has not been able to make out a case of malice against the authority, who passed the order of his transfer.

(3.) At the same time, if there was any allegation by one of the subordinate officer and enquired into by the Internal Complaint Committee, the order of transfer impugned does not suffer from any malice, either in law or fact, which the appellant unable to satisfy from the pleadings on record, in these facts and circumstances of the case, the learned Single Judge was of the view that no case is made out to interfere under Article 226 of the Constitution as regards the transfer order dated 04.04.2016 is concerned.