Transfer is not punishment, but incidental to service: Madras high court

  • | Thursday | 21st February, 2019

"A public servant is supposed to serve wherever they are posted in the interest of public and for the welfare of the public administration. Transfer is not only an administrative necessity, but required to avoid all sort of familiarity of these public officials with the public of that locality. Thus, the administrative transfers are issued uniformly and by adopting a consistent principle," Justice Subramaniam added. CHENNAI: Noting that courts cannot intervene with administrative transfers particularly in the uniformed services , the Madras high court said transfers were not punishment but incidental to service.In the event of interfering with the administrative transfers by the constitutional courts, the same will paralyse the administration of the forces. ""Transfers on administrative grounds are imminent for effective and efficient public administration.

CHENNAI: Noting that courts cannot intervene with administrative transfers particularly in the uniformed services , the Madras high court said transfers were not punishment but incidental to service.In the event of interfering with the administrative transfers by the constitutional courts, the same will paralyse the administration of the forces. It is the wisdom and prerogative of the competent authorities to effect administrative transfers for smooth functioning, control and to maintain discipline, Justice S M Subramaniam said.The judge made the observation while dismissing a plea moved by a sub-inspector of police challenging her transfer."A public servant is supposed to serve wherever they are posted in the interest of public and for the welfare of the public administration. A public servant is enjoying a status in the society and by virtue of that status, they are bound to maintain integrity, honesty and devotion of duty towards the public," the judge said.As to the case of the petitioner R Anita, the court said, "This court is of an opinion that the writ petitioner all along from 2012 onwards [is] serving within the main Chennai city and it is a great surprise how the superior officials are allowing the sub-inspectors serving within the city for more number of years without any valid reason.""Transfers on administrative grounds are imminent for effective and efficient public administration. Transfer is not only an administrative necessity, but required to avoid all sort of familiarity of these public officials with the public of that locality. If a public servant is allowed to work in a same station, more specifically, the uniformed personnel for more number of years, then they will develop a sort of familiarity in the locality and it may lead to several other problems including the maintenance of police force by the superior officials. Thus, the administrative transfers are issued uniformly and by adopting a consistent principle," Justice Subramaniam added.

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