New Delhi (11.03.2022): A division bench comprising of Justice Manmohan and Justice Navin Chawla ruled that an employee in a transferable job has no vested right to remain posted at once place. The Delhi high court ruled that Courts should not readily interfere with the transfer order which is made in the public interest and for administrative reasons unless the transfer is made in violation of any mandatory statutory rule or on the ground of mala fide.

The division bench said if the courts continue to interfere with day-to-day transfer orders issued by the government or its subordinate authorities, there will be complete chaos in the administration which would not be conducive in the public interest.

The court was dealing with a petition seeking to set aside the order passed by the Central Administrative Tribunal, Principal Bench, New Delhi dismissing the petition filed by the petitioner. The plea further prayed for quashing and setting aside of the office Order dated April 9, 2020, issued transferring the petitioner from New Delhi to Jaipur.

The Court was of the view that even if a transfer order is passed in violation of executive instructions or orders, the Courts ordinarily should not interfere with the order. In such a case, the affected party should approach higher authorities in the concerned department.