^i^» IS^5"'l| HIGH COURT OF CHHATTISGARH. BILASPUR W.P.(S)No. 3697 of 2008 PETITIONER Emil Kujur,S/o. Francis Kujur, aged about 57 years, Genera! Manager District Trade and Industries Center, Janjgir-Champa, R/o. F-7, !rrigation Colony, Jagdalla, ^Tahsil Road, Champa, District Janjgir-Champa Veisus RESPONDENTS 1 The State of Chhattisgarh, Through : The Secretary, Department of Commerce and Industriai, D.K.S. Bhawan Raipur (C.G.) 2 Special Secretary, Department of Commerce and Industrial, D.K.S. Bhawan Raipur (C.G.) 3 Commissioner, tndustrial, Raipur, Distrtet Raipur (C.G.) 4 Shri Satoman Maithu Silah, Deputy Director, industrial Directorate Chhattisgarh Ralpur (C.G.) WRIT PETmON UNDER ARTICLE 226 OF THE CONSTrTUTION OF INDIA Appearance: Shri Raghvendra Pradhan, Counsel for the petitioner. Shri Ajay Dwivedi, Dy. Govt. Advocatge for the State. ORAL ORDER (14.07.2008} SUNiLKUMARSINHA.J. Heard on admission. The petitioner, who is working on the post of General Manager, District Trade and Industries Center, has been transferred from Janjgir- Champa to Narayanpur on administrative ground. Learned counsel for the petitioner argues that the petitioner has been transferred within a period of 1 year, therefore, the order may be set aside. W.P.(S)No.3697/2008 ->->. The Apex Court while dealing witti the matter of Kendriva Vltfvalava Sanaathan -V- Damodar Prasad Pandev. 2004 AIR SCW 5563 referring to the various decisions has observed vide Para 4 as fotlows: "Transfer which is an incidence of service is not to be interfered with by the Courts unless it is shown to be clearty arbitrary or vitiated by malafide or infraction of any prescribed norms of principle governing the transfer (See AmbanWanta Rav Vs. Stete of Orrissa). Unless the order of transfer is vitiated by mala fide or is made in violation of operative guidelines, the Court cannot interfere with it. (See Unionoflndia Vs. S.L. Abbas). Who should be transferred and posted where is a mattsr for the administrative authority to decide. Unless the order of transfer is vitiated by malafide or is made in violation of operative any guidelines or rules the Courts should not ordinarily interfere with it. In Unlon ofimSia & others Vs. Janardan Debanath & anotfier, it was observed as follows: "No Government servant or employee of a public undertaking has any tegal right to be posted forever at any one particular place or piace of his choice since transfer of a particular employee appointed to the class or category or transferable posts from one place to another is not oniy an incident, but a condition of service, necessary too in public jnterest and efficiency in the public administration. Unless an order of transfer is shown to be an outcome of mala fide exercise or stated to be in violation of statutory provisions prohibiting any such transfer, the Courts or ttie Tribunals normally cannot interfere with such orders as a matter of routine, as though they were the appellate authorities substituting their own decision for fliat of the employee/management, as against such orders passed in the interest of administrative exigencies of the service concerned. This position was highlighted by this Court in National Hydnaelectric Power Ca-pn. Ltd. Vs. ShriBhagwan." -/ In view of the above tegal position,uf»<tliNino case for entertaining the petition on such ground is made out, the petition has no merit and the same is dismissed at the motion stage itseif. vatti Sd/- Sunil Kumar Sinha Judge