29 June, 2007

Employer is not required to disclose, administrative exigency for transferring employee.

Transfer of an employee from one place to another is an incident of service and an employee cannot claim to be posted at a particular place besides that an emplyer is not required to disclose adminstrative exigency in order of transfer itself. The conduct of the petitioner challenging transfer is far from satisfactory whereas there has been to mala fide or extraneous consideration in his transter. An employee is expected to approach the authority with that in hand instead of having quarrelsome disposition. Merely that the petitioner was granted permission to pursue MBA (part-time 3 years course), that can not be construed that the he cannot be transferred to another place since he could take study leave instead of stalling his transfer.

Mukes Kumar vs Union of India 2007 LLR 209 DELHI HIGH COURT

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