National Hydroelectric Power ... vs 1.Shri Bhagwan on 11 September, 2001
17. The Hon'ble Apex Court, in National Hydroelectric
Power Corporation Ltd. Vs. Shri Bhagwan & Anr. (2001) 8
SCC 574 has held that "no government servant or employee of a
public undertaking has any legal right to be posted forever at
any one particular place since transfer of a particular employee
appointed to the class or category of transferable posts from one
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place to other is not only an incident, but a condition of service,
necessary too in public interest and efficiency in the public
administration. Unless an order of transfer is shown to be an
outcome of mala fide exercise of power or stated to be in
violation of statutory provisions prohibiting any such transfer,
the courts or the tribunals cannot interfere with such orders as a
matter of routine, as though they were the appellate authorities
substituting their own decision for that of the management, as
against such orders passed in the interest of administrative
exigencies of the service concerned."