Early Times Report
Jammu, Apr 22 (JNF) : High court judge Janak Raj Kotwal today held that transfer "is an exigency of service of a government servant and it goes without saying that no government servant has the right to remain posted at a particular place or against a particular post". The court directive came in a petition filed by Ghulam Ali Malik, a girdawar in revenue department. From Chasana, Reasi, where he was posted as incharge naib-tehsildar on August 11, 2014, he was transferred to Kahara, Doda, as incharge naib-tehsildar vide government order No Rev/Gaz/248 on October 21, 2014.
He had assailed his transfer mainly on the basis of government transfer policy issued on July 28, 2010 vide order No 861-GAD. The court had stayed his transfer vide its October 28, 2014 order. During the pendency of that writ petition, the financial commissioner (revenue), vide order No FC(A)29/Misc-Trnsf/016 of March 25, 2016, transferred him from Chassana to Assar, Doda, as incharge naib-tehsildar. This transfer order was challenged by him in this petition on the ground that transfer "violates the interim direction by the court in SWP No 3046/2014 vide order of October 28, 2014 and has been ordered to defeat the cause in that writ petition". Justice Kotwal, after going through the file, observed that transfer "is an exigency of service of a government servant and it goes without saying that no government servant has the right to remain posted at a particular place or against a particular post. Transfer, however, can be assailed before this court invoking the extra ordinary jurisdiction under Article 226 of the Constitution of India read with section 103 of the state constitution and this court may interfere if it is shown that transfer has been made contrary to rules applicable by incompetent authority or is actuated with malafide intention". Hence the writ petition was dismissed in limine, the court directed.
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