Court Rules Transfer is an Administrative Prerogative, Not Subject to Judicial Interference without Proven Mala Fides
In a recent decision, the Madhya Pradesh High Court, Gwalior Bench, delivered a judgment on June 3, 2026, affirming the transfer order of a state employee and dismissing the writ appeal filed by Saurabh Garg. The court, comprising Justices Pranay Verma and Jai Kumar Pillai, held that transfer is an incidence of service and is primarily an administrative prerogative, not subject to judicial interference unless vitiated by mala fides or violation of statutory provisions.
The appellant, Saurabh Garg, a Class II employee, had challenged his transfer from Janpad Panchayat Morar, District Gwalior, to Janpad Panchayat Bhesdevi, District Betul, issued on June 16, 2025. Garg alleged that the transfer was made to accommodate another employee, respondent No. 4, who was on study leave, and thus, claimed it was vitiated by mala fides.
The court, however, found no merit in the allegations of mala fides, stating that the appellant failed to provide concrete evidence or implead any specific individuals to substantiate such claims. Furthermore, the judgment emphasized that accommodating an employee's transfer request, when done in the normal course of administrative procedures, does not inherently constitute mala fide action.
Addressing the appellant's concerns about personal hardships due to the transfer, the court pointed out that breaches of transfer policy guidelines do not constitute legally enforceable grounds for judicial intervention. The court noted that any grievances related to policy breaches should be addressed through representations to the competent authority, not through judicial review under Article 226 of the Constitution.
The court further clarified that there is no statutory rule prohibiting the transfer of an employee during their study leave, thereby dismissing Garg’s contention on this ground as well.
Ultimately, the court upheld the transfer order dated June 16, 2025, and dismissed the writ appeal, underscoring the limited scope of judicial review in matters of administrative transfers.
Bottom line:-
Transfer is an incidence of service and cannot be interfered with unless vitiated by proven mala fides or violation of statutory provisions. Personal hardships or breaches of transfer policy guidelines do not constitute legally enforceable grounds for judicial intervention under Article 226 of the Constitution.
Statutory provision(s): Article 226 of the Constitution of India
Saurabh Garg v. State of Madhya Pradesh, (Madhya Pradesh)(Gwalior)(DB) : Law Finder Doc id # 2928135
