Court Upholds State's Administrative Discretion in Transfer of Government Servants
In a significant ruling, the Allahabad High Court's Lucknow Bench, comprising Justices Shekhar B. Saraf and Manjive Shukla, dismissed a writ petition filed by Ful Chandra concerning the transfer of a government servant in Uttar Pradesh. The petitioner sought judicial intervention to enforce a transfer policy, urging the relocation of a government employee accused of fund embezzlement.
The case involved Respondent No. 6, a government servant employed as a Village Development Officer in Safipur, Unnao, since 1997. The petitioner alleged that the respondent's long tenure in the district facilitated misappropriation of development funds. Despite multiple complaints and representations to higher authorities, no action had been taken to transfer the official.
Ful Chandra's petition demanded the enforcement of a 2025 transfer policy issued by the U.P. government, which mandates the transfer of employees who have served more than seven years in one district. However, the court emphasized that such policies serve as guidelines and are not legally enforceable through the judiciary.
The State's counsel, Shailesh Chandra Tiwary, argued that the transfer of government servants lies within the administrative purview of the state and is based on public interest and administrative needs. He cited Supreme Court judgments underscoring that unless transfer orders are marred by malafides or statutory violations, courts should not intervene.
The court reiterated the Supreme Court's stance, noting that transfer policies are mere guiding factors and cannot be enforced through legal proceedings. It concluded that the petition lacked merit as the petitioner was not personally aggrieved by the non-transfer of the official.
The dismissal reinforces the established legal principle that the posting and transfer of government employees are administrative decisions, beyond judicial interference unless malice or statutory breaches are evident.
Bottom Line:
Transfer of government servants - Lies in exclusive administrative domain of the State Government - Court cannot interfere unless transfer order is vitiated by malafides or violates statutory provisions - Transfer policy issued by the government is for guidance and not enforceable through Court of law.
Statutory provision(s): Transfer policy guidelines, Supreme Court precedents on administrative discretion in transfers.
Ful Chandra v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc Id # 2835212
