midterm transfer order was issued. He
was transferred to Nasik. The case was governed by
the Transfer Act . The 1st respondent challenged
the transfer before ... order
of transfer. Before this court it was inter alia
submitted that the transfer order was malafide and
in breach of the Transfer
case of exceptional circumstances and
without recording the reasons in writing, midterm transfers should not
be effected. It is further submitted that, Respondent Shikshan Prasarak ... Rule
41 of the Rules of 1981 and submitted that midterm transfers are not
permissible. According to the Learned Counsel for the Petitioner,
midterm transfers
transferred officer desires to challenge the transfer,
he must first report at the transferred place and then
take up the challenge to the transfer order ... transferred in annual general
transfer.
12. Be that as it may, the order of transfer
records the petitioner to have been transferred for
administrative reasons
learned Tribunal is that leave aside sufficient
reasons for midterm transfer of the Petitioner, no reason at all is
given in the proposal for transferring ... learned Tribunal has
found that the Civil Services Board has proposed midterm transfer
of 47 officers. However, the proposal for transferring the Petitioner
as well
impugned transfer order was issued. The said
transfer order is contrary to the Government Resolution dated
15-5-2014. It was a midterm transfer ... substance is found in it, then only the employee can be
transferred midterm or prematurely. However, prima facie the
enquiry report does not show that
order as the same is contrary to the instructions and a midterm transfer within two years of the superannuation, regardless of the consequences ... transfer in the month of Nov., 1992 is a midterm transfer. There shall be no order as to costs.
3. We have heard learned Counsel
transferred mid-term or frequently. There are many officers who are never transferred much less to mofussil places. Thus the policy of transfer is being ... case in hand is concerned, we are satisfied that the midterm transfer of the petitioner was effected only to accommodate Dr. Patil respondent
subordinate authority."
10. General transfers are issued between April and May whereas the mid
term transfers are issued under the circumstances mentioned ... transfer
orders to be issued under the instructions of the Election Commission will
be the transfers for special reasons and midterm transfers
should have
demonstrated that his transfer was midterm transfer and impermissible
in law or malafide in fact. In absence of that finding, the Respondent ... approached the Tribunal with the grievance that
he was being transferred midterm only with a view to favour the
petitioner and for no other reason
peculiar circumstances also, the petitioner ought not to have been transferred. True, the transfer may cause inconvenience or some personal difficulties. The petitioner may have ... case of the petitioner here. The ground that it is a midterm transfer in also not of any relevance for this Court under
