Transfer of an employee under the pretext of administrative or business needs for inflicting punishment cannot be sustained in law

The petitioner was transferred from the Electricity Distribution Subdivision, Prayagraj to Pratapgarh. The transfer order indicates that it has been passed in view of administrative need bearing in mind the interest of the corporation. However, the counter affidavit by chief engineer, who had passed the transfer order betrays the real nature of the transfer order. It stated that there were several complaints against the petitioner and an inquiry was also conducted. If the employer thought petitioner was an inconvenient man, he could very well be transferred on administrative grounds in the exercise of the employer’s purely administrative power and which for employee is an exigency of service. However, it is evident that the employer has utilized the power of transfer to punish the employee. It is also noted that the inquiry report was submitted on the same day the transfer order was passed. The respondents have exercised their power of transfer as a substitute for infliction of lawful punishment in exercise of employer’s disciplinary jurisdiction. Considering the aforementioned facts and circumstances, the Allahabad High Court in this Writ Appeal No. 16814 of 2024, quashed the transfer order.