During the course of hearing of separate applications filed by public works engineers V A Patil and S P Bagdi against their midterm transfers, the MAT found that all the transfer orders were totally unwarranted and were in violation of the statutory provisions of the regulation of the transfer act, 2005.
The contention of applicants was that a midterm transfer without placing on records the reasons and satisfaction of there being special reasons or exceptional circumstances for ordering midterm transfer is bad and a transfer, which is ordered in order to sheerly accommodate a particular government servant will be a malafide order, while the government submitted that transfer is an absolute administrative prerogative of the state and that a government servant has no right of being retained at a particular place.
In his 26-page well articulated order, Justice Joshi observed that the law on transfer has been in operation for last decade, the bureaucrats are conversant with the restraints, which are imposed by virtue of the legislation and that the government machinery has already come across hundreds of verdicts, where the transfer orders exhibiting arbitrariness of power have been interfered by the tribunal benches and even by the High Court. ``Inspite of this illuminated path, recourse to a conscious and rather a deliberate dereliction is being indulged by the officers, who put up or initiated and enclose the office notes proposing transfers...the burdern of duty, rests on those officers, who initiate the process. If those who initiate and endorse notes fail in duty, the executive who have to take the decision and order the transfer would get misdirected due to the forbearance of the machinery, who has to attract advertence of decision making executives to all these illuminating binding precedents,'' Justice Joshi remarked.
The results is that, Justice Joshi said, though over in hundreds of cases, transfer orders are set aside with more or less similar language and observations, the state continues to replicate its act of failing to incorporate and place on record the reasons for midterm transfer. ``The reasons should be prima facie relevant and reasonable. There have to be valid satisfaction, merely stating that there are complaints does not amount to the same. In the result, the state goes on passing the transfer orders in total disregards to the binding precedents as well as law enacted by the state legislature,'' Justice Joshi pointed out.
In conclusion, Justice Joshi has prescribed a comprehensive norms, which ought to be followed while proposing a transfer.
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