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2018 (10) TMI 1831

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..... service, but is also an essential conditions of service - The transferable employee cannot claim as a matter of right nor does he have a vested right to work at a particular place and the Courts cannot interfere with a transfer and posting made on administrative grounds or even if it is made in public interest. Transferring of an employee does not affect any of his legal rights nor does it affect the conditions of service in any manner and so far as the employee is concerned, he can have no choice in the matter and many a times it is done for the efficiency in the public administration. This Court does not find any strong case made out by the petitioner calling for an interference with the order of transfer, which has been made on the a .....

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..... ned order only single person has been transferred and which by itself would show that the same has been with mala fide intention. It was further the contention of the petitioner that there was no administrative exigency whatsoever on the part of the respondents in the issuance of the impugned order. 5. To canvas the same, the counsel for the petitioner referred to various correspondences and the documents supported with the writ petition in respect of certain allegations and the inquires which were conducted including the inquiry which has been made by the petitioner and the averments of certain alleged complaints which has been made by some interested persons against the petitioner. In support of the contentions, which have been canvas .....

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..... petitioner to the department are documents, which have been submitted long ago, and not of the recent past arid; the present order has been passed months after those inquiry report has been submitted by the petitioner. 8. The issue of transfer and posting of an employee, whose services, is transferable, has been considered time and again by the Apex Court and the various High Courts of this country and by now which stands settled by a catena of decisions, that it is entirely upon the competent authority to decide when, where and at what point of time a public servant has to be transferred. It has also been repeatedly held by the Courts that transfer is not only an incident to service, but is also an essential conditions of service. 9 .....

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