IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.19091 of 2011 Date of decision: 13.10.2011 Varinder Mohan ..Petitioner Vs. Union of India and Others ..Respondents CORAM:HON'BLE MR. JUSTICE PERMOD KOHLI HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA Present: Mr. N.P. Mittal, Advocate for the petitioner. Mr. Kapil Kakkar, Advocate for the Caveator. ***** PERMOD KOHLI, J.(ORAL) This writ petition is directed against the order dated 27.09.2011 passed by the Central Administrative Tribunal, Chandigarh Bench dismissing the O.A. filed by the petitioner herein, against the order of transfer dated 8.7.2011 whereby the petitioner was transferred from Electronics Testing & Development Centre, Mohali to the corresponding Establishment at Bangalore. Two questions were raised before the Tribunal to challenge the order of transfer. One that the order allegedly passed at the request of the petitioner in fact is without any such request. It is contended that it was wrongly recorded that the petitioner opted for transfer only to devise means to transfer the petitioner. Two the order is actuated by the malafides on the part of respondent Nos. 3 and 5 to the O.A. Tribunal rejected both the contentions. On the first question it has been recorded that vide the impugned order of the transfer as many as 7 Officers were transferred out of whom 6 had been transferred on their own CWP No.19091 of 2011 -2- request and thus, due to inadvertent error the petitioner's transfer is also noted as at his own request. Regarding the question of malafide, it has been noticed by the Tribunal that the transfer has been ordered on the basis of the recommendations of a duly constituted Transfer Committee comprising of 5 Senior Officers of the Department excluding respondent Nos. 3 and 5.Thus, respondent Nos. 3 and 5 had no role in the transfer of the petitioner, they being not the members of the Transfer Committee. The Tribunal has also noticed the names of all the Senior Officers of the Transfer Committee. From the perusal of the names, it appears that respondent Nos. 3 and 5 were not members of the Transfer Committee. The very basis of such a plea is thus factually incorrect and contrary to record. There is no allegation that respondent Nos. 3 and 5 have influenced the members of the Transfer Committee in any manner. Otherwise also the Transfer Committee comprises of Senior Officers of the Department. It is unimaginable that they would be under the influence of respondent Nos. 3 and 5, nor there is any averment. It is settled law that the transfer is an incidence of service and no employee/Government servant has any vested right to remain posted on a particular post or place. From the averments made in the petition, it is also found that the petitioner was posted in Mohali in April 2005 as Scientist 'E' and has been transferred vide order dated 8.7.2011 i.e. after a period of more than 6 years. Petitioner should not have any grouse against his transfer after a long stay of 6 years. We do not find any valid ground warranting interference in the judgment of the Tribunal or the order of transfer. CWP No.19091 of 2011 -3 No merit. Petition dismissed. (PERMOD KOHLI) JUDGE (TEJINDER SINGH DHINDSA) October 13, 2011 JUDGE Poonam (II)