1986 (8) TMI 455

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....rit petitions, Rama Jois, J. took the view that 'transfer' 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 Insp....

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....ements; (iii-a) withholding of promotion; (iv) recovery from pay of the whole or part of any pecuniary 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 aga....

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....rms enunciated by Government for the guidance of its officers in the matter of regulating transfers are more in the nature of guidelines to the officers who order 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....

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....e transfer is an incident of service. It is also an implied condition of service and appointing authority has a wide discretion in the matter. The Government is the best 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 ....