Grant of inter-state transfer to employee covered by disciplinary proceedings only at volition of employer

Telangana High Court

Hyderabad High Court: A Division Bench comprising of Thottathil B. Radhakrishnan, CJ. and Ramesh Ranganathan, J., declared that to be transferred, even while covered by disciplinary proceedings, was not a matter of choice to be made by the government servant concerned.

The petitioner who was a Motor Vehicles Inspector had challenged the rejection of his request for inter-State transfer.  He was rejected the transfer owing to the pending disciplinary proceedings against him, which he claimed to be in violation of Articles 14 and 16 of the Constitution of India. On the contrary, the respondent claimed that deputation could not be allowed to employees against whom any disciplinary proceedings were pending as this right rests upon the employer for fundamental reasons. 

The High Court observed that the employer, who has initiated disciplinary proceedings, should have control over the employment of the delinquent concerned for continuing the disciplinary proceedings.  This is the fundamental principle on which disciplinary proceedings are permitted to continue, although regulated, even after retirement; and for post retiral benefits and post retiral purposes of certain categories as are contemplated to apply in service jurisprudence. In the light of the aforementioned, the Court stated that the employee cannot claim a legal entitlement over the service when undergoing the said proceedings and any decision to grant inter-State transfer to an employee covered by disciplinary proceedings could be made, only at the volition of the employer. Accordingly, the petition stood dismissed.[P. Ramesh Babu v. State of A.P.,2018 SCC OnLine Hyd 181, order dated 09-07-2018]  

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