August 02, 2018
Case name: P. Ramesh Babu v. State of Telangana
In this case, the High Court of Hyderabad has held that an employer cannot be compelled to transfer an Employee against whom disciplinary proceedings are pending.
In the case, the petitioner, a Motor Vehicles Inspector was facing disciplinary proceedings by the Respondent (Government of Telangana). In this petition, the Petitioner has challenged the rejection of his request for inter-State transfer from that State to the State of Andhra Pradesh on the ground that a similarly placed co-employee was transferred and hence the Petitioner was discriminated.
The High Court of Hyderabad however, rejected the Petitioner’s submission and observed that the employer, who has initiated disciplinary proceedings, should have control over the employment of the delinquent concerned for continuing the disciplinary proceedings. The High Court opined that 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.
That the employee had not legal 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 the disciplinary jurisdiction of the current employer for this fundamental reason in law.
It was also observed by the High Court that any decision to grant inter-State transfer to an employee covered by disciplinary proceedings could be made, only at the volition of the employer.