Punjab & Haryana High Court, Chandigarh
CitationAIR 1963 SC 913
CourtSupreme Court of India
Date4 January 1963
Year1963
BenchK. Subba Rao, K.N. Wanchoo, M. Hidayatullah JJ.
Acts/ArticlesArticle 14, Article 16, Article 311
CategoryService & Employment Law

Key Principle Established

Transfer is an incident of service. No government employee has a vested right to remain posted at a particular place. Transfer orders can only be challenged on grounds of mala fides.

Brief Facts

A government employee challenged his transfer order on grounds that it was arbitrary and amounted to punishment.

Ratio Decidendi

The Supreme Court held that transfer is an incident of service and no government servant has a legal right to be posted at any particular place. Transfer orders are administrative in nature and courts should not ordinarily interfere unless:

  • The transfer is mala fide or made for extraneous reasons
  • It violates the transfer policy of the government
  • It amounts to punitive transfer without following disciplinary procedure

Impact & Significance

This is the foundational judgment on transfer law. It is cited in virtually every transfer dispute, including challenges by police constables, teachers, and other government employees against transfer orders. The principles have been refined but never overruled.

Tags & Related Topics

Service & Employment Law Article 14 Article 16 Article 311
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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