Transfer order challenge

vikas sinha (Querist) 02 November 2012 This query is : Resolved
Sir,
i have query .. request solution

Mr A was transferred from x medical college place to y medical college as lab technician on request, when he approached to join at y college principal of college said that there is no such post created in y college and referred matter to Director General of medical, who cancelled transfer order, with no further whisper of new place of posting.

1 lady was transferred from y college who was lab technician ( as per transfer order)

1 employee was also transferred from y college working as lab technician and he joined at x college where Mr A was working.

can we challenge cancellation of transfer order of Mr A on ground of above mentioned two transfer , since it specifies that post was available.

do we case law in support of this.

please suggest

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Sudhir Kumar, Advocate (Expert) 02 November 2012
transfer can only be challnaged if it can be proved arbitrary and malafide.

In this case the transfer order appears to have been cancelled based on defective information.

vikas sinha (Querist) 02 November 2012
sir,
misleading senior authority with view to depute their own men or followers.. would come under malafide and it would also be violation of art 14 and 16 of constitution of India

Sudhir Kumar, Advocate (Expert) 03 November 2012
go ahead if you are convinced that the action is malafide and abritrary and violative of fundamental rights.

V R SHROFF (Expert) 03 November 2012
For smooth management functions, transfers are allowed. If with malafide intention to harass or harm you, misuse of this power and authority must be challenged.