LPA No.2152 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.2152 of 2011 (O&M) Date of Decision : 23.11.2011 Om Parkash Priyadarshi ... Appellant versus Union of India & others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA Present : Mr. Sushil Gautam, Advocate for the appellant. **** Permod Kohli, J.(Oral) This LPA arises out of judgment dated 09.11.2011 passed by the learned Single Judge dismissing the writ petition filed by the appellant herein against the order of transfer whereby the appellant has been transferred from Pathankot to Hasimara (Assam). The appellant was posted at Pathankot Air Force Station on 09.08.2010. He has been ordered to be transferred vide order dated 01.11.2011 from Pathankot to Hasimara (Assam) impugned in the writ petition. The appellant challenged the order of transfer primarily on two grounds. One that the order suffers from the vice of the mala fides. It is alleged that the appellant made two applications dated 24.08.2011 and 13.10.2011 (Annexures P-2 & P-3, respectively) alleging his kidnapping by LU Staff. He has named two officers for alleged misbehaviour with him. Two, that the transfer order is in violation of the transfer policy/guidelines dated 05.01.2007. Both the contentions LPA No.2152 of 2011 (O&M) -2- did not find favour with the learned Single Judge. On the question of mala fide, it has been noticed by the learned Single Judge that the persons against whom the mala fide have been alleged, are not impleaded as parties to the writ petition. We fully agree with the observations made by the learned Single Judge. In absence of persons against whom mala fide is alleged, the Court is precluded to look into the veracity of such allegations and is also deprived to examine whether such persons are capable to influence the transfer of the appellant in any manner. As regards the second question, learned Single Judge has noticed that the policy does not contain any absolute rule to retain a person posted at a particular place for the specified period as claimed by the petitioner. The policy was not placed before the learned Single Judge, however, learned counsel for the appellant has shown us the policy today in Court and relies upon para 4 thereof, which inter alia provides that the Airmen are posted from one Unit to another to meet the organizational needs as well as personal requirements to the extent possible. He further submits that a normal tenure of 4-5 years is fixed for Units. It is further contended that violation of this policy attracts penal provision contained in Section 42 of the Air Force Act, 1950. We have carefully examined stipulations in the policy and Section 42 of the Air Force Act, 1950. We are of the considered view that the policy does not lay down an absolute condition for retaining a person for 4-5 years in a unit. The policy only provides to retain a person for the specified period of tenure as far as possible. Thus, it is the prerogative of the employer to keep a person posted at a particular place or transfer him from one place to another in administrative LPA No.2152 of 2011 (O&M) -3- exigencies. Insofar as the application of Section 42 of the Air Force Act, 1950 is concerned, it provides for penal action for insubordination and obstruction where person who is subject to the Act, neglects to obey any general, local or other command or order. These provisions have been incorporated to inculcate discipline in the Force, however, it does not in any manner confer any right upon a person subject to the Act to seek enforcement of any administrative order. On both these contentions, we feel that no vested right is created in favour of the appellant to remain posted in a particular Unit for 4-5 years. It is settled law that the transfer is an exigency of service and no person has a right to remain posted at a particular place or post. We do not find any illegality in the impugned order warranting interference in appeal. No merit. Dismissed. (Permod Kohli) Judge November 23, 2011 (Tejinder Singh Dhindsa) sonia Judge