ALICE JOHN Vs. THE UNION OF INDIA AND ORS.

JUDGEMENT

(1.) S . Banik, learned counsel for the petitioner and Mr. N. Mozika, learned CGC appearing for the respondents.

(2.) BY this writ petition, the petitioner is assailing the impugned transfer and posting order dated 26.06.2015, under which the petitioner had been transferred from ARCH (Sukhovi) to 28 AR (Lunglei). It is fairly settled that transfer is an incidence of service, the court, normally, does not interfere with the transfer and posting order inasmuch as it is the authority to decide where the employee is to be transferred and posted. However, the Court interferes the transfer and posting order (i) when the transfer order was issued in violation of the rules; (ii) when the transfer order seriously affect the career of the employee; (iii) when the transfer order was issued as a punishment and; (iv) when the transfer order had been issued with mala fide. Some of the cases regarding transfer and posting of the employees decided by the Apex Court are mentioned hereunder: -

(3.) IN para 10 of the writ petition it is stated that the petitioner had been informed verbally that the petitioner had been transferred under the impugned transfer order dated 26.06.2015. In para 10 of the writ petition, nothing had been mentioned as to whether the petitioner had been furnished with the copy of the impugned transfer order dated 26.06.2015 or not. In the course of hearing of the present writ petition, the learned counsel for the petitioner strenuously contended that the copy of the impugned transfer order dated 26.06.2015 had not been furnished to the petitioner.