Union Of India And Ors vs S.L. Abbas on 27 April, 1993
Who should be transferred where, is a matter for the appropriate authority to decide. The power of transfer of a government employee falls exclusively within the domain of the Executive and unless the order of transfer is vitiated by mala fides or is made in violation of any statutory provisions, it should not be interfered with by the Courts. (See: Union of India & Ors Vs. S.L. Abbas . In the instant case, having regard to the report of the special Committee, appointed to look into petitioner's complaint against her Head of the Department, noticed in order dated 4 June 2003, we are unable to read any mala fides in the transfer order. As for the plea of violation of guidelines that husband and wife must be posted at the same place, these guidelines only say that as far as possible husband and wife, who are both employees, should be posted at the same station even if their employers be different, but these guidelines do not confer upon the government servant a legally enforceable right. While considering such a request, an employer is free to take into consideration the exigencies of administration, keeping in view the said guidelines. We may, however, hasten to add that if without sacrificing the administrative needs, an employee can be accommodated at the place of posting of the spouse, such a course should be adopted to minimise the hardships of both of them. Best results are possible only when the mind is free from domestic strains. As noted above, in the present case, petitioner's transfer was recommended by the DPC by taking into consideration various factors, noted above. We find that the guidelines, heavily relied upon by the petitioner, have not been violated. The next question that arises for consideration in the matter is whether the NCERT and the Tribunal have ignored the recommendation of the Commission and the order of transfer stands vitiated on that score ?