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GOVERNMENT OF INDIA MINISTRY OF RAILWAYS (RAILWAY BOARD)
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NO. E(NG)I-98/TR/11 NEW DELHI, dated 2.11.1998 The General Manager, All India Railways.
(As per standard list).
Sub.: Inter-divisional transfer of ticket checking staff and other staff in mass contact areas.
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1. In terms of existing instructions ticket checking staff detected to be indulging in malpractices, are required to be invariably sent on inter-divisional inter-railway transfer as a matter of policy.
2. The question of feasibility of effecting inter-divisional transfer of staff in mass contact areas including ticket checking staff, was discussed in the Conference on Malpractices and Corruption in Mass contact areas organized by the Ministry of Railways on 10.7.98.
3. Pursuant to the above discussion, it has been decided that while the existing policy of inter-divisional/inter-railway transfer of ticket checking staff detected to be indulging in malpractices shall continue, other staff in mass contact areas detected to be indulging in malpractices should also be transferred on inter-divisional basis.

14. We are fully in agreement with the judgment of the learned Single Judge in CWP. No. 14596/97, titled Union of India v.A.K.Gandhi and others and the reference as answered by the Full Bench of the Central Administrative Tribunal.

15. We are of the view that the circulars of 25.3.1967 and 30.10.1998 deal with the transfer of non-gazetted staff of the railways, whose conduct is under investigation. These circulars dealt with the non-gazetted staff in general, while the circular of 2.11.1998, is specifically dealing with ticket checking staff and other staff posted in mass contact areas, who are detected to be indulging in malpractices. While in the case of non-gazetted staff whose conduct is under investigation, the Board's letter dated 29.3.1962 as also the Circular of 25.3.1967, provide that they should not be transferred from one Railway administration to another till conclusion of the departmental proceedings. In fact, a Model Time Schedule as it appears at page 67 of the paper book seeks to reduce the earlier Model Time Schedule of 202 days to 150 days so as to achieve expeditious completion of departmental enquiries within a period of five months so that following the enquiry and its results, action can be taken.

16. The Railways as a matter of policy and in their wisdom have carved out a different treatment for employees, who are either posted in the ticket checking or other areas of mass contact and are found to be indulging in malpractices. Inter divisional transfer for these persons has been provided by the circular dated 2.11.1998. The transfer need not await the completion of departmental inquiry as for the other non-gazetted staff whose conduct is under examination. The objective is to root out corruption totally from the posts, which are in public contact or having public dealings. The different treatment is clearly justifiable based on a reasonable classification and an intelligible differentia. The railways cannot be faulted with for taking strong and vigorous steps to project a clean image and towards that end to effect transfer necessary in public interest. Transfer is an incidence of service and unless the transfer is vitiated by mala fides or by extraneous considerations, the Courts are loathe to interfere. Courts are not expected Page 3129 to interdict the working of the administrative system by interfering in transfers as held by the Supreme Court in the State of Madhya Pradesh and Anr. v. Sri S.S. Kourav and Ors. . No Government servant or employee has a legal right to be posted at a particular place. Transfer apart from being an incidence of service is also a condition of service necessary in public interest for maintaining efficiency in public administration as held in National Hydro Electric Power Corporation Ltd. v. Shri Bhagwan and Anr. .