Supreme Court: Matters of Transfers Best Left to Competent Authority

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September 10, 2018

Case name: Maj. Amod Kumar v. Union of India & anr.

Date of Judgment: September 06, 2018

In the case, the were personnel belonging to the Army Service Corps (“ASC”) and were aggrieved by the Posting   Orders   issued   by   the Respondents directing the Petitioners to serve in operational units/areas on the ground that the impugned orders were in gross violation of their fundamental rights and principles of natural justice.

Bench’s Verdict

The Two-Judge Bench of the Supreme Court dismissed the Petition on the following grounds:

  • That the Petitioners cannot assail posting/transfer orders directly before the before the Supreme Court by way of Writ Petitions under Article 32 of the Constitution.  
  • That if the Petitioners have any genuine grievance, they have an alternate statutory remedy available by challenging the same before the Armed Forces Tribunals. Thus, the Apex Court rejected the Writ Petitions under Article 32 the ground of availability of an alternate remedy.
  • The Supreme Court also noted that matters of transfers are best left to the discretion of the competent authority, and should not be tinkered with, in the absence of a demonstrable violation of statutory rules, or an instance of mala fide on the part of the competent authority.

The entire case can be accessed here.