Supreme Court of India

LAXMI NARAIN MEHARversusUNION OF INDIA AND ORS.

Citation: 1997 INSC 193
Decided: 24 February 1997
Disposal: Dismissed
Bench: K RAMASWAMYG T NANAVATI

Holding

The transfer order is valid and not arbitrary; administrative exigency outweighs the instruction to retain SC/ST officers near their hometowns.

Summary

The petitioner, a Scheduled Caste officer, was transferred from Kola to Mumbai on the ground of administrative necessity, despite his claim that the transfer was made on compassionate grounds and was therefore invalid. He contended that, under instructions to retain SC/ST officers near their hometowns, the transfer violated his right to such consideration and was a vindictive measure. The Central Administrative Tribunal dismissed his challenge, and the petition was taken on special leave to the Supreme Court. The Court observed that the order expressly cited the need for experienced staff at the posting, rendering the transfer non‑arbitrary. It held that instructions to post SC/ST officers near their hometowns are subject to administrative exigencies and may be overridden when operational needs arise. Consequently, the Court found no ground to interfere with the transfer and dismissed the special leave petitions.

Issues considered

Whether the transfer of a Scheduled Caste officer on compassionate grounds, but justified by administrative necessity, is arbitrary and violative of statutory protections.
Whether instructions to retain SC/ST officers near their hometowns are mandatory or can be superseded by administrative exigency.
Whether the transfer constitutes a vindictive or punitive action against the officer.

Subjects

service lawtransferscheduled casteadministrative exigencycompassionate groundsvindictive transferspecial leave petition

Judgment

                            LAXMI NARAIN MEHAR                                    A
                                      v.
                           UNION OF INDIA AND ORS.

                              FEBRUARY 24, 1997

                [K. RAMASWAMY AND G.T. NANAVATI, JJ.j                             B

         . Service Law :

            Transfer-Officer belonging to Scheduled Caste---<:hallenginr; order of
     his transfer on the grounds that he was transfe"ed to his present post on C
     compassionate grounds and that members belonging to Scheduled Caste are
     to be posted nearer to their home towns-Held, in view of the express
     indication given in the order i.e., need of experienced staff at the relevant
     place, the transfer order cannot be said to be arbitrary-Though instrnctions
     have been issued for retention of officer belonging to Scheduled Caste at the
     nearest of his home town, it would be subject to administrative exigencies : D
     authority has power to transfer him when administrative need 01ises-17tere
     is no justification to interfere with the order of tran sfer.

           CIVIL APPELLATE JURISDICTION : Special Leave Petition (C)
     Nos. 3433-34 of 1997.
                                                                                  E
           From the Judgment and Order dated 28.11.96 of the Central Ad-
     ministrative Tribunal, Jodhpur in O.A. No. 330/96 and R.A. No. 42/96.

            S.C. Gupta, Ms. Monika Rohtagi and Ms. Rekha Pandey for the
     Petitioner.
                                                                                  F
           The following Order of the Court was delivered :

           The petitioner was transferred from Kola to Mumbai on the ad-
     ministrative ground as indicated in the order .. The petitioner approached
     Administrative Tribunal. The Central Administrative Tribunal, Jabalpur by    G
     its order dated November 28, 1996 has dismissed the same. Thus ~this
     special leave petition. ·


--         Learned counsel for the petitioner contends that the pcti~ioner was
     transferred on compassionate grounds and the transfer is not valid in law.
     Though he might have been transferred on compassionate grounds, in view      H
                                        463
    464                   SUPREME COURT REPORTS                   [1997) 2 S.C.R.
                                                                                     +
A of the express indication in the order giving reasons for the transfer, i.e.,
    need of experienced staff at the respective places, the transfer order cannot
    be said to be arbitrary. Then it is contended that the petitioner being an
    officer belonging to the Scheduled Castes, is entitled to be considered for
    retention of his posting nearest his home town. It is true that the instruc-
    tions have been issued as reproduced at page No.18 of the paper book to
B   that effect, yet they would be subject to the administrative exigencies. It is
    stated that the services of the experienced officer were necessary and so
    the transfer order came to be made. It is true that as far as possible, the
    convenience of the officer belonging to Scheduled Castes and Scheduled
    Tribes may be considered and he may be posted near the hoine town, but
C   the authority has power to transfer him when the administrative need
    arises. It is further contended that the petitioner had made allegations
    against the officers and the transfer is a vindictive measure of punishment.
    It is seen that he was transferred on account of administrative exigencies.

            Under these circumstances, we do not think that there is any jus-
D   tification to interfere with the impugned order. The petitiom:r, if so advised
    and is desirous, may make a representation before the appropriate
    authority and the appropriate authority may consider it on merits.

          The special leave petitions are dismissed.

E R.P.                                                       Petitions dismissed.

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