±s- frit Pe RKSPONDEMTi Rajesb, aged 40 years, son of late SllTi Raia Chandra Prasad, Ti-a.asinisaion Executive (Farm &, Home), resident of Q.No.C-5, AB India Radio, Nutan Colony, Sarkanda, Bflaspiir, Tehsfl and District Bilaspur(C.G,) 1. Director General, AB India Akashwani Bhawan., Saasad Marg, New Dethi. 2. Depiity Director General, Centt'a-1 Region 2, Afl india Radio, Bhopal (M.P.) 3. Assistaat Station Dii"e<-tor. Prasai' Bhai'ti (Bjt-oadcasting Corpoiation of India), AH India Radio, Bflaspur (Chhattisgarh) OF S?iBIA ,y &^<C:«ULalA V&s STiri Somnath Venna, Counsel for tte petitioner. /ft'3 t 11 rt^^Vvi I^<»BJt A •d^V tf | iUaEiL KU?*tAR SiNHA^J. Heard. The petitionRr, who is worteiiig on the post. ofTi'a.Tismission Executive, has been transfen'Rtl from Ail India Radio, Bilaspiir to A11. India. Radio, Cllhatarpiir by oi-der (latefl 19.01.2007 ui thR same capacity. Leanied counsel for the petitionRr siibmits that in fact, the order has been effected on accouiit of cei-tain coinpSaint madR aga.inst the petitioner. He refers to Annf-xiiiie P,/4, which accondiiig to ieamed coiinsel for the petitjonRr, is a copy of note sheet of the office. it 1]as been nientioned i.n the aforesa.id note sheet that ti-iere has been cnntTOUotis vcrbal compiaints frorn the "-•ixsse- 2 W.P.YR)No-3S5K/2007 Progi-amme Head and other Pi-ogramine Executives about thp. uncoopei-ative attitiide and nide behavioiir of t.he petitioner. It has further beBn inentioned tliat in the interest ofensiiring peace and also for smooth fiinctioning ofthe Station; it js proposed to ti-ansfer the petitioner to soine other Station atli-ast for soinetime and accoirlingly, it is proposed to transfer him to All India Radio, CWiattarpur. S^eanied connsel draws the attention of this Coiart towands Annexiire P/5, wTiich is aii lu'ianinio'iis appUcation contaming the signatares of many pei'sons making some coniplaint against flie petitioner. He siibmits that on account of this only, the petitioner bas hcen ti-ansfen'Rd froin Bilaspiir to ClihaTai-Tiur. He turther snlimits that transfer on account of coniplaint. is not in accordance with 1aw and the same should 1ie interfered bv tliis Court. On being pointedly asked from teamed cminsel for the petitioTier t.hat si.nce when the petitioner was posted at Bi3aspiu-, he subniits that he was posted at. Biiaspi.ir aince last 9 yea]-s, which is also inentioned in thc note sheet i.r. An-nexiire P/4. I have heard leamed counsel for th.e petitioner and have aiso nenised thc record filed along with The petition. In fact, these are nnt ,.he grounds for interferillg with the order of ti-ansfer by a Coiirt of law. Only on account of cerfain compteiQt inade against the petitioner, it cannot he sajd that the order passed by the concemeri authority against the pRtitioner is vitiated bv maTafides. Transfer is an incidence of sei~vicR. Nnbody working on a ti-ansfei-anle post can claim for his posting at a particiilar place. Who shouM be posted where is to bc scen by the employer which depcnds iipon the adnunisti'ative exigency as also pubiic interest. Unless flie order of trarisfer is sbown to bc vitiated by inalafides, exti'aneoiis considerations or is shown to he passed against any- statiitoiy nile or the Act, the same cannot bc interfered wit.h by a Court. oflaw, is the settled view ofthe Apex Coiirt, '%!.. 'BSls<<-i"' "^K^.'^^'' '•!tl^^^^ W.P. (S) N0.3S58/2007 Shyna I-eam.ed conn.sei for fhe petitioner coiilsl not point oiit any siich ground of malafide or exti-aneous co'nsiderations or that the oiTlcr has been passed against any statiitoiy Riiles or the Act. I do not find a.ny reason to intertere wrtti tlie oiTier of transfer of the petitioner on this gmiind. The petition taas 'no nierit and the sanie is disniisse.d at the inotion stage itself. _-D-——^- Sd/- Sunil Kumar Sinha Judge •*i