2005 (8) TMI 737 - SC - Indian Laws

Summary

Issues Involved:
1. Legality of the transfer order dated 7.4.2005.
2. Allegations of malafide intent behind the transfer.
3. Scope of judicial interference in transfer orders, especially for armed forces personnel.
4. Status and designation of the appellant at DRDE, Gwalior.

Detailed Analysis:

1. Legality of the Transfer Order:
The appellant challenged the transfer order dated 7.4.2005, which moved him to Defence Research and Development Establishment (DRDE), Gwalior, from his position at the Institute of Nuclear Medicine and Allied Sciences (INMAS). The respondents argued that the appellant, being absorbed in the Defence Research and Development Organization (DRDO), could be transferred to any branch within the organization as per the Ministry of Defence guidelines dated 23.11.1979. Both INMAS and DRDE are engaged in biomedical research, and the appellant was deemed suitable for a new project at DRDE, Gwalior.

2. Allegations of Malafide Intent:
The appellant claimed his transfer was malafide, resulting from his success in a previous writ petition (W.P. (C) No. 6131 of 2003) that quashed disciplinary proceedings against him. He alleged that his transfer was to accommodate Brigadier R.P. Tripathi at INMAS. The respondents denied these allegations, stating the transfer was based on organizational needs and public interest. The High Court found no substance in the appellant's claims of malafide intent.

3. Scope of Judicial Interference in Transfer Orders:
The judgment referenced several precedents, including *Mrs. Shilpi Bose v. State of Bihar* and *Union of India v. S.L. Abbas*, establishing that courts should not interfere with transfer orders made in public interest unless they violate statutory rules or are malafide. The Supreme Court emphasized that for armed forces personnel, the scope of interference is even more limited. The detailed counter affidavit by the respondents showed that the transfer was a decision by DRDO and not influenced by the disciplinary proceedings initiated by the Army.

4. Status and Designation at DRDE, Gwalior:
The appellant raised concerns about his designation at DRDE, Gwalior, citing an incident where his leave application was altered by the Director. The court did not find it necessary to make any observations regarding his status, noting that the appellant had been promoted to Major General and should be accorded the appropriate status.

Conclusion:
The appeal was dismissed with costs. The court found no merit in the appellant's claims of malafide intent and upheld the legality of the transfer order, emphasizing the limited scope of judicial interference in transfer decisions, particularly for armed forces personnel.