IL IN THE HIGH COURT OF DELHI AT NEW DELHI w.P.(c) 96ss t200e DR. P. C. SARKAR Through: uor & oRS. Through: ..... Petitioner Ms.Meenu Mainee, Advocate versus ..... Respondents Mr.R.V.Sinha and Mr.A.S.Singh, Advocates for R-1 {ri \ft M r.S.S. Li ngwal, Advocate CORAM: HON'BLE MR. JUSTTCE PRADEEp NANDRAJOG HON',BLE MR. JUSTTCE MOOL CHAND GARG ORDER L3.09.20t O 1. Vide impugned judgment and order dated 22.5.2009 P.C.sarkar's transfer to Ranchi has been upheld as being on account of public interest. 2. We note that the transfer order is dated L7.L1.2008 and that P.C.Sarkar obtained a stay of the said order which got t. vacated on 22.5.2009 and thereafter since no stay was granted by this Court he has joined duties in Ranchi the place where he was transferred from Delhi. 3. lt is urged by learned the respondents have a transfer W.P.(c) No.966s/2009 % counsel for the petitioner that policy and since the same has Page 1 of3 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified [\/ - '-.d been breached, the transfer order is liable to be quashed. 4. lt is settled law that a transfer policy is merely a directory guideline and does not create an enforceable right and that it is always open to transfer a Government employee if the exigencies of service and public interest so requires. 5. lt is no doubt true that in the discipline of the petitioner there existed 7 vacancies at the ICAR Headquarters at Delhi but that would not mean that the petitioner could not be posted to Ranchi 6. lt may be noted that the petitioner earned promotion as a Senior Scientist in the year 1999. He was posted at Ranchi earlier on and was brought to Delhi to head the Media and lnformation Cell but was required to be sent back to Ranchi in public interest on account of the fact that of the sanctioned strength of 46 scientists in Ranchi only 29 were working and as a result the functioning of the ICAR unit at Ranchi was suffering. 7. lt is not within the domain of Courts or of Tribunal to analyze as to why, of the many scientists, the petitioner was sent to Ranchi as that would mean entering into the domain of the executive. As long as there are good objective reasons attracting public interest concept to justify a deviation from the transfer policy, Courts cannot interfere. In the instant case, for e the fact noted in para 6 above, which has weighed with the Tribunal, we hold that the respondent has justified petitioner's transfer to Ranchi as in public interest. 8. The writ petition is dismissed. W.P.(c) No.9565/200e Page 2 of 3 lv 9. No costs. SEPTEMBER I.3, 2OT.O mm -r"AtT PRADEEP NANDRAJOG, J. a \t D GARG, J. W.P.(c) No.9665/2009 Page 3 of 3