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2020 (4) TMI 771 - HC - Indian LawsTerritorial Jurisdiction - transfer of subordinate officers from Shillong to Itanagar - power of judicial review - case of respondent is that the impugned order of transfer has been issued in clear breach of the declared Transfer Policy and is mala fide - HELD THAT:- Transfer or posting of an employee is an incident of service. He cannot insist on his transfer at a place of his choice by raising the argument of discrimination by citing the example of others. Moreover, in the present case, the respondent has throughout his service career of 30 years remained in Shillong or nearby areas. Therefore, such argument of discrimination, even otherwise has no force. The Tribunal has quashed the order of transfer singularly on consideration of the fact that the petitioner was due to retire after a period of about 2 years. However, as per record, date of birth of the petitioner being 30.05.1962, he was due to retire on 30.05.2022. Counting from the date of the order of transfer dated 14.08.2019, the respondent was left with over 2 years and 9 months before retirement. The stipulation of the policy that employees who were left with 2 years or less service should normally be considered for being given a choice posting, would therefore not be attracted to the case of the respondent. In view of the law enunciated by the Supreme Court by catena of judicial pronouncements, the power of judicial review even in the matter of transfer, can be exercised by the High Court or the Tribunal within the defined parameters. We may in this connection cite the decided case law of the Supreme Court as to what are the limitations on the scope of interference of the Supreme Court in the matters of transfer of a Government employee. The Central Administrative Tribunal, while interfering with the order of transfer in the present case, has exceeded its jurisdiction, and erred in law in quashing the order of transfer - Petition allowed.
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