TMI Blog1986 (8) TMI 455X X X X Extracts X X X X X X X X Extracts X X X X ..... fer' is a condition of service and therefore the Government servant has a right of appeal against the order of transfer under Rule 19. Dodda Kalegouda, J., on the other hand, dismissed the writ petition filed by the petitioner holding that no appeal lay to the State Government against an order of transfer made by the Commissioner of Labour transferring him from Bangalore to Tarikere under Rule 19 of the Rules. A number of appeals by the Government as well as the civil servants against the orders passed by the learned Judges were heard together by a Division Bench. The learned Judges have upheld the view of Dodda Kalegouda, J. 2. We have heard B. Varadha Rao, Senior Labour Inspector in the Department of Labour, Government of Karnataka ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecuniary loss caused; (iv-a) reduction to a lower stage in the time-scale of pay for specified period with further directions; (v) reduction to a lower time-scale of pay; (vi) compulsory retirement; (vii) removal from service which shall not be a disqualification for future emprovment. and (viii) dismissal from service. 4. The learned judges observe that these penalties can be imposed on a Government servant where disciplinary proceedings are initiated against him under the Rules by the competent authority. They further observe that r 18 of the Rules therefor provides for appeals against orders imposing penalties referred to and specified in Rule 8, and add : If an order of transfer does not amount to an order of penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er transfers in the exigencies of administration than vesting of any immunity from transfer in the Government servants. 5. It is no doubt true that if the power of transfer is abused, the exercise of the power is vitiated. But it is one thing to say that an order of transfer which is not made in public interest but for collateral purposes and with oblique motives is vitiated by abuse of powers, and an altogether different thing to say that such an order per se made in the exigencies of service varies any condition of service, express or implied to the disadvantage of the concerned Government servant. The petitioner who appeared in person placed reliance, as he did in the High Court, on the decision of the Bombay High Court in Seshrao Nag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est judge to decide how to distribute and utilise the services of its employees. However, this power must be exercised honestly, bona fide and reasonably. It should be exercised in public interest. If the exercise of power is based on extraneous considerations or for achieving an alien purpose or an oblique motive it would amount to mala fide and colourable exercise of power. Frequent transfers, without sufficient reasons to justify such ; transfers, cannot, but be held as mala fide. A transfer is mala fide when it is made not for professed purpose, such as in normal course or in public or administrative interest or in the exigencies of service but for other purpose, than is to accommodate another person for undisclosed reasons. It is the b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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