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TMI Blog2004 (3) TMI 781X X X X Extracts X X X X X X X X Extracts X X X X ..... of with certain directions general and far- reaching in nature - affecting the rights of the Government and various officers of the Government in the administrative hierarchy to pass orders of transfer of Officers/Servants serving under them. The salient and necessary facts relating to the appeal are that the respondent, who was working as District Supply Officer, Meerut, came to be transferred by an Office Order dated 8.12.1999 by the Secretary, Food and Civil Supplies Department of the Government, to Head Office Office of Food Commissioner at Lucknow. This Office Order involved the posting of not only a substitute to the respondent at Meerut but the transfer of another officer as well. The grievance with which the said transfer order came to be challenged before the High Court was that though by an order dated 10.4.1999 the respondent, who was serving at Unnao, was transferred to Meerut and joined as such, he came to be transferred again by the impugned order due to political pressure and influence, particularly that of the local MLA by name Atul Kumar, to the Head Office at Lucknow in order to help another to be posted in his place. It seems to have been urged further that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fidavits, it was not possible for them to decide the disputed question of facts in writ jurisdiction as to whether the transfer order was passed due to political pressure or not, the Bench, in our view, fell into an error in attempting to lay down general principles relating to transfers and postings of Government Servants keeping in view, as found noticed in the order under challenge, some large-scale transfers said to have been taking place due to political interference in the State as disclosed from certain proceedings said to have been brought before the Court as well as some of the newspaper reports. As part of its attempts and endeavours to obviate such happenings, the High Court has not only directed the respondent to approach the Chief Secretary with a representation as to his grievance besides making a consequential direction to Chief Secretary to dispose of the same, but also issued the following directions: - "Hence in such cases it is better for the government servant to approach the Chief Secretary, U.P. Government, and this internal mechanism will be better for this purpose. The Chief Secretary is a very senior government officer with sufficient maturity and se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also in the other case relating to the promotion, the High Court ought to have rejected the Writ Petitions leaving liberty with the parties concerned, if they felt so aggrieved, to vindicate their rights, if any, in any other manner known to and in accordance with law and ought not to have embarked upon generalising the problems stated to be prevailing in the State with reference to transfer of public servants or promotions and given such sweeping directions whittling down the existing well-settled policies and guidelines regulating transfers and overriding the competence, authority and powers vested with the concerned and competent authorities of the State to deal with transfers of their subordinates, as was permissible in law. It has been also contended that pursuant to the directions of the Court, the relevant Government Orders laying down the norms and principles for regulating transfers, etc. have already been brought to the notice of the Court and in spite of it some sweeping observations, which cannot be countenanced in law, came to be passed by the Court. So far as the other appeal is concerned, it has been urged by the counsel for the State as well as the appellant that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any specific indication to the contra, in the law governing or conditions of service. Unless the order of transfer is shown to be an outcome of a mala fide exercise of power or violative of any statutory provision (an Act or Rule) or passed by an authority not competent to do so, an order of transfer cannot lightly be interfered with as a matter of course or routine for any or every type of grievance sought to be made. Even administrative guidelines for regulating transfers or containing transfer policies at best may afford an opportunity to the officer or servant concerned to approach their higher authorities for redress but cannot have the consequence of depriving or denying the competent authority to transfer a particular officer/servant to any place in public interest and as is found necessitated by exigencies of service as long as the official status is not affected adversely and there is no infraction of any career prospects such as seniority, scale of pay and secured emoluments. This Court has often reiterated that the order of transfer made even in transgression of administrative guidelines cannot also be interfered with, as they do not confer any legally enforceable right ..... X X X X Extracts X X X X X X X X Extracts X X X X
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