Public interest condition for inter-cadre transfer must be shown in the order or supporting record; unsupported transfer invalid.

A transfer from the post of Additional Transport Commissioner to Joint Secretary was held unsustainable because the governing service rule permitted movement to another cadre or an ex-cadre post only in public interest. The transfer order did not record any public interest, and no counter-affidavit or supporting record was produced to show that the statutory condition had been met. On that basis, the Court found that the required public interest was not established and the transfer could not stand, so the challenge succeeded for the appellant.

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Issues: Whether the appellant's transfer from the post of Additional Transport Commissioner to the post of Joint Secretary was valid in the absence of public interest under the governing service rules.

Analysis: The governing rule permitted transfer of a government servant to another cadre or an ex-cadre post only in public interest. The transfer order did not recite any public interest, and no counter-affidavit or relevant record was produced to show that the condition had been satisfied. In the circumstances, the Court held that the requisite public interest was not established and that the transfer could not be supported.

Conclusion: The impugned transfer was invalid and the challenge succeeded in favour of the appellant.

Ratio Decidendi: Where a statutory power to transfer to another cadre or an ex-cadre post is conditioned on public interest, the order must disclose or be supported by material showing satisfaction of that condition; absent such material, the transfer cannot stand.

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