Civil Services:

Fundamental Rules 11 and 15-Transfer of a Government servants-When can be questioned in a Court/Tribunal-Guidelines issued by Government-Whether have statutory force.

Constitution of India, 1950/Central Administrative Tribunals Act, 1985:

Article 323-A/Section 14-Jurisdiction of Central Administrative Tribunal Exercise of-Whether Tribunal can interfere with an order of Trans- fer.

The respondent, a Central Government employee, who was transferred from one place to another, challenged the order of transfer on the grounds that: his wife was also employed at the same place in a Central Government office; his children were also studying there; he himself had suffered back- bone fracture injuries some time ago; the guidelines contained in Government of India O.M. dated 3.4.1986 had not been kept in mind while ordering his transfer; some other officials, who had been serving at the same place for a longer period than the respondent had been allowed to continue and his transfer was due to the mischief of his Controlling Officer.

In the counter-affidavit filed by the appellants, it was submitted that the transfer was ordered on administrative grounds and was unexceptionable.

A Single Member of the Central Administrative Tribunal quashed the order of transfer on the ground that the power of transfer was not an unfettered one, but was circumscribed by various circulars/ guidelines contained in the administrative instructions issued by the Government and an order of transfer could be interdicted if it was discriminatory, that in the matter of considering transfer of an individual officer, the Office Memorandum dated 3.4.1986, educational dislocation of the children and health ground, if present, deserved special consideration and that in view of the facts and circumstances of the case the transfer order in question in respect of the respondent was mala fide.

Allowing the appeal, preferred by the Union of India and others.