State Of Madya Pradesh & Ors vs Sri S.S. Kourav & Ors on 19 January, 1995
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
26 OA No. 504/2021
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.