Delegated General-Administration Powers Authorize the Chairperson to Transfer Employees Along with Their Posts.

Sreelakshmi, a Senior Environmental Engineer, was transferred with her post from Kottayam to the Board’s Head Office at Thiruvananthapuram.

Pravithamol, an Environmental Engineer, was transferred from Pathanamthitta to the same Head Office.

They challenged the transfers, alleging, among other grounds, lack of authority, departure from the Board’s work-distribution order, mala fides, and punitive intent.

The Single Judge dismissed their writ petitions, finding no ground to interfere; the employees appealed.

1. Whether the Chairperson had authority, under the Board’s delegated powers, to transfer the appellants and their posts between offices.

2. Whether the transfers were vitiated by mala fides, illegality, or other grounds warranting judicial interference under Article 226.

3. Whether the Single Judge’s dismissal of the writ petitions should be set aside.

Under Section 11A of the Water (Prevention and Control of Pollution) Act, the Board may delegate powers, including powers relating to general administration, to its Chairperson; the Court held that the Chairperson’s delegated authority encompassed transfers, including transfers of incumbents with their posts.

Transfer is ordinarily within the employer’s administrative prerogative, and judicial review is limited; courts generally do not interfere absent grounds such as statutory violation, established mala fides, or demonstrated detriment to the employee.

The Court relied on Shilpi Bose v. State of Bihar, Union of India v. S.L. Abbas, National Hydroelectric Power Corporation Ltd. v. Shri Bhagwan, Divyamol v. Director General, CISF, and N.K. Singh v. Union of India on the limited scope of review of transfer orders.

It also relied on Ratnagiri Gas and Power Pvt. Ltd. v. RDS Projects Ltd. for the requirement that a person accused of mala fides be impleaded in a personal capacity, and on Sri Pubi Lombi v. State of Arunachal Pradesh for the circumstances relevant to judicial interference with transfers.

The Court held that the appellants could not pursue their factual-mala-fide allegation because the Chairperson, against whom it was made, had not been impleaded personally.

It rejected the challenge to the Chairperson’s authority, noting that the work-distribution order itself had been made under delegated powers of general administration and that those powers permitted transfers in the exigencies of service.

The Board’s stated staffing needs supported the transfers: the Head Office required an Environmental Engineer, and it faced a shortage of Senior Environmental Engineers.

The Court declined to substitute its assessment of staffing requirements for that of the Board.

Both writ appeals were dismissed.