Employee not entitled to insist on inter-State transfer while disciplinary proceedings are pending against him

Hyderabad High Court: A Division Bench comprising of Thottathil B. Radhakrishnan, CJ. and Ramesh Ranganathan, J., dismissed a writ petition filed by a Motor Vehicle Inspector challenging the rejection of his request for inter-State transfer from Telangana to Andhra Pradesh.

The petitioner, following a surprise check in his office, stood subjected to disciplinary proceedings. His request for transfer to State of Andhra Pradesh was rejected by Government of Telangana which meant that he would have to continue to be in the employment of the same employer. The petitioner challenged this rejection.

The High Court observed that the employer, who has initiated the disciplinary proceedings, should have control over the employment of the delinquent concerned for continuing such proceedings. This is the fundamental principle on which disciplinary proceedings are permitted to continue. There is no legal entitlement for any employee to insist that, even while facing disciplinary proceedings, the employer could be compelled to provide inter-State transfer, thereby changing the employer and taking the employee out of the clutches of disciplinary jurisdiction of the present employer. To be transferred, even while covered by disciplinary proceedings, is not a matter of choice to be made by the government servant concerned. Holding thus, the High Court dismissed the petition. [P. Ramesh Babu v. State of Telangana, 2018 SCC OnLine Hyd 181, dated 09-07-2018]

 

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