Transfer Orders Cannot Be Punitive: Telangana High Court Reiterates

The Telangana High Court has recently reiterated that transfer orders cannot be passed as a punitive measure and that such transfer orders shall be set aside as inherently illegal.

Justice Juvvadi Sridevi passed the order in a writ petition filed by a mechanic appointed in the Korutla Depot challenging his transfer to the Banswada Depot on the ground that it was not administrative in nature.

"It is held by the Hon’ble Supreme Court that the transfer, which is ordinarily an incidence of service, should not be interfered with unless malafides are attributed to the authority passing such order. It is further held that when an order of transfer is passed in lieu of punishment, the same is liable to be set aside being wholly illegal."

The respondents had contended that the transfer was not punitive, and was initiated till the shortage of mechanics in the other Depot.

The Court observed that the transfer proceedings refer to a charge sheet issued by the manager of the Korutla Depot alleging violation of COVID-19 protocol against the petitioner in furtherance of which the transfer was initiated.

"Therefore, this Court is of the considered view that the transfer of petitioner was made as a punitive measure but not on administrative grounds, as, if the same has been made on administrative grounds, the respondents ought not to have referred to the charges levelled against the petitioner."

The Court noted that an administrative transfer should never be interfered with unless the same is mala fide.

“However, in view of the facts narrated above, as the transfer in the present case is the result of punitive measure being not proved through cogent evidence the judgments relied on by the learned Standing Counsel for respondents are not applicable to the facts of the present case.”

The transfer order was consequently set aside.

Case Title: T.R.P Singh vs. TSRTC (50)

Counsel for petitioner: V. Narsimha Goud.

Counsel for Respondents: Standing Counsel for TSRTC.

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