2009 (7) TMI 1358 - SC - Indian Laws

Summary

Issues involved:
Challenging transfer orders of two Sub-Registrars by the High Court of Allahabad at Lucknow.

Details of the judgment:

1. Background:
The Writ Petitioner and Respondent No. 5, both Sub-Registrars in the revenue service of Uttar Pradesh, challenged their transfer orders issued by the I.G. Registration. Writ Petitioner was transferred to Hapur-II and Respondent No. 5 to Ghaziabad-IV.

2. Arguments:
Writ Petitioner alleged his transfer was arbitrary, stigmatic, and based on a complaint, while also questioning the suitability of Respondent No. 5 due to pending vigilance inquiries. State Government defended the transfers on administrative grounds.

3. Legal Principles:
Government employees have no vested right to remain at a specific place, and transfers are essential for administrative efficiency. Courts should only interfere in transfers if there are statutory violations or mala fides involved.

4. High Court's Decision:
The High Court upheld the transfer of the Writ Petitioner but quashed the transfer of Respondent No. 5, citing concerns about his conduct and integrity. However, the Supreme Court found the High Court's scrutiny into the officers' suitability for posting as beyond its jurisdiction.

5. Supreme Court's Ruling:
The Supreme Court set aside the High Court's decision to quash the transfer of Respondent No. 5, emphasizing that the High Court's assessment of the officer's competence was unwarranted. The Court clarified that the transfer of the Writ Petitioner was not stigmatic, and any adverse observations in the order should not prejudice him.

6. Conclusion:
The appeal of Respondent No. 5 was allowed, and the appeal of the Writ Petitioner was dismissed. Each party was directed to bear their own costs.