Madras High Court today declined to interfere with the transfer order issued to a Military Engineer, saying courts cannot interfere in routine exercise unless it is malafide or against statutory provisions.
Dismissing a writ petition filed by one P R Anand Kumar, a division bench comprising Justices R Bhanumathi and T S Sivagnanam said that under Article 226 of the Constitution, High Courts cannot be expected to go into the question of whether the transfer is in public service, as it would require factual adjudication and depend upon the peculiar facts and circumstances of each case.
Courts and Tribunals normally cannot interfere with such orders unless the transfer order is an outcome of malafide exercise and is against the statutory provisions, the bench observed.
Kumar entered the Military Engineering Services as a surveyor in 1985. He was transferred to Visakhapatnam from Chennai. He challenged the order by approaching Central Administrative Tribunal, which allowed it, saying he ought not to have been served with it in mid academic year.
The authorities then withdrew the order, but by another order in 2012, transferred him to Hyderabad. Anand again approached CAT, which dismissed his application this time.
Challenging the order, he approached the High Court.
The division bench said the transfer order has not been challenged either on the grounds of any malafide exercise of power, nor has it been passed by the competent Authority, or against statutory rule.
