The High Court does not have the judicial power to interfere regarding the orders of transfer of the employees of the Union Government

Aditi Reddy | Symbiosis Law School | 20th May 2020

Union of India & Anr vs Deepak Niranjan Nath Pandit

Facts

• The respondent, who is an Assistant Commissioner of Customs, GST and Central Excise was transferred from Mumbai to Bhubaneshwar on 05.09.2019; Challenging the order of transfer, the respondent moved the Central Administrative Tribunal. 
• Later on by the order which was dated 17.09.2019 the CAT had granted an ad interim stay of the order of transfer.  Eventually, after the OA was heard, it was dismissed by the CAT by an order dated 5 November 2019.
• The respondent who was aggrieved by the order of the CAT had moved to the High Court of Judicature at Bombay. 

Judgement

• Later on 11.11.2019 at the production stage the HC had continued the ad interim order.
• By the impugned judgement of the HC the Writ Petition under Article 226 was admitted by an interim order and so the UOI is in appeal. 
• The order of transfer which was issued by the Government Of India in the Ministry of Finance on 05.09.2019 and the services of the respondent are transferable. 
• However later the respondent has chosen to contest the order of transfer and as a result of the ad interim order of the CAT and the interim order of the High Court has not joined at the place of posting. In the meantime, the respondent has been suspended.
• The HC interfering with the order has stated two reasons which are that the headquarters will remain in Mumbai even if he is suspended and the other reason being that the spouse of the respondent has been suffering from a cardiac ailment which is being treated in Mumbai. 
• In the present appeal in the Supreme Court, it opined that the reasons given by the HC can furnish a valid justification under Article 226 of the Constitution passing an order of injunction of this nature as the HC has not even found a prima facie case which was either mala fide or in breach of law. 
• The Hon’ble Court has also was of the view that the order of the HC interfering with the order of transfer was in excess judicial power. 
• It is strongly objected that the court does not have a jurisdiction to compel the Union Government to post the respondent place which he/she might prefer.  He cannot claim a posting as of right to a place of his choice. 
• The Hon’ble Supreme Court had allowed the appeal and had set aside the interim order of the High Court staying the transfer.