Full Judgment Text
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PETITIONER:
LAXMI NARAIN MEHAR
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT: 24/02/1997
BENCH:
K. RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
The petitioner was transferred from Kota to Mumbai on
the administrative ground as indicated in the order. The
petitioner approached the Administrative Tribunal. The
Central Administrative Tribunal, Jabalpur by its order dated
November 28, 1996 has dismissed the same, Thus this special
leave petition.
Learned counsel for the petitioner contends that the
petitioner was transferred on compassionate grounds and the
transfer is not valid in law. Though he might have been
transferred on compassionate grounds, in view of the express
indication in the order giving reasons for the transfer,
i.e., need of experienced staff at the respective places,
the transfer order cannot be said to be arbitrary. Then it
is contended that the petitioner being and officer belonging
to the Scheduled Castes, is entitled to be considered for
retention of his posting nearest his home town. It is true
that the instructions have been issued as reproduced at page
No. 18 of the paper book to that effect, yet they would be
subject to the administrative exigencies. IT is stated that
the services of the experienced officer were necessary and
so the transfer order came to be made. It is true that as
far as possible, the convenience of the officer belonging to
Scheduled Castes and Scheduled Tribes may be considered and
he may be posted near the home town, but the authority has
power to transfer him when the administrative need arises.
It is further contended that the petitioner had made
allegations against the officers and the transfer is a
vindictive measure of punishment. It is seen that he was
transferred on account of administrative exigencies.
Under these circumstances, we do not think that there
is any justification to interfere with the impugned order.
The petitioner, if so advised and is desirous, may made a
representation before the appropriate authority and the
appropriate authority may consider it on merits,
The special leave petitions are dismissed.