Public servants must work where they’re posted: HC

Public servants must work where they’re posted: HC

K.Kaushik@timesgroup.com

Madurai:17.09.2021

A public servant is liable to work wherever he is posted in the interest of public administration as transfers are incidental to the service conditions, the Madras high court has observed.

Justice D Krishnakumar observed that it is pertinent to note that transfers are imminent in respect of public servants. In certain circumstances, there may not be any evidence to prosecute the employee or to initiate departmental disciplinary proceedings. However, the competent authorities may be of the opinion that further continuance of a public servant in a particular place would cause inconvenience as well as cause some difficulties for the peaceful functioning of the public administration.

The judge observed that administrative transfers are the prerogative of the concerned department and its competent authorities are the best persons to assess and act accordingly. Only if an order of transfer is issued with malafide intention or in violation of the statutory provisions, a writ petition can be entertained. In the absence of any such legal grounds, routine administrative transfers can never be interfered with by the constitutional courts.

The court made the observations while hearing a batch of petitions filed before the HC Madurai bench in 2019, by two Railway Protection Force (RPF) constables challenging their transfer orders and consequential relieving orders. They were transferred from Golden Rock Workshop at Trichy district to Mayiladuthurai railway station in 2019.

The standing counsel for the authorities submitted that transfer orders were issued to the petitioners on administrative grounds.