Can Constitutional Courts Interfere with Administrative Transfers of Judicial Staff Absent Allegations of Malice or Arbitrariness? — Precedent Upheld on Limited Judicial Review

The Calcutta High Court reaffirms that transfer is an incident of service and judicial review under Article 226 is limited to cases of malice or arbitrariness; mere general grounds or comparisons with others do not justify interference. The decision upholds well-established principles, providing binding precedent for transfer matters within service law.

 

Summary

Category Data
Case Name

WPA/20108/2025 of ANIRBAN CHAKRABORTY Vs STATE OF WEST BENGAL AND ORS.

CNR WBCHCA0406002025

Date of Registration 26-08-2025
Decision Date 31-10-2025
Disposal Nature DISMISSED
Judgment Author HON’BLE JUSTICE ANIRUDDHA ROY
Court Calcutta High Court
Precedent Value Binding Precedent for subordinate courts and persuasive for other High Courts
Type of Law Service Law; Constitutional Law (Article 226)
Questions of Law Scope of judicial review in matters of administrative transfer of judicial staff
Ratio Decidendi
  • The Court held that transfer is an integral condition and consequence of public service.
  • Transfer is an incident of service and falls under the administrative discretion of the employer.
  • Judicial review under Article 226 is warranted only if there is evidence of malice or arbitrary exercise of power.
  • The Court will not interfere on general or common grounds, nor on mere comparisons with others transferred.
  • Administrative exigencies are within the employer’s exclusive domain.
  • Prayer for re-transfer within a short period (about seven months) is not maintainable absent special circumstances.
Facts as Summarised by the Court
  • The petitioner, a district judiciary Stenographer, was transferred from Alipore to Kakdwip in February 2025 as an administrative measure.
  • He applied for intra-district transfer in August 2025, less than a year after the previous transfer.
  • The request was rejected by the Registrar (Judicial Service), substantiated by official records on work performance.
  • The petitioner cited that others in the transfer list had been re-transferred, but had not challenged their transfers.

Practical Impact

Category Impact
Binding On All subordinate courts within the jurisdiction of Calcutta High Court
Persuasive For Other High Courts; serves as persuasive precedent on scope of judicial review in transfer cases

What’s New / What Lawyers Should Note

  • Reaffirms that transfers are matters of executive discretion; judicial review under Article 226 is available only for malice or arbitrariness.
  • General or common grounds for transfer cannot be the basis for judicial interference.
  • Comparisons with other employees’ transfers, unless challenged specifically, are insufficient to support a writ.
  • A short tenure at the transferred post (e.g., under a year) does not by itself justify reconsideration of transfer orders.

Summary of Legal Reasoning

  • The Court examined the petitioner’s request for re-transfer, which was based on general grounds and on the example of two other colleagues allegedly re-transferred.
  • It reiterated the well-established principle that transfer is an incident of service, based on administrative requirements, and squarely within the employer’s discretion.
  • Judicial review under Article 226 is available only in cases of alleged malice, arbitrariness, or violation of statutory provisions—which were not demonstrated in this case.
  • The Court distinguished between special circumstances justifying intervention and the present common/general grounds, holding the latter insufficient.
  • It noted that the tenure of transfer was usually three years; the petitioner having been transferred about seven months prior could not seek retransfer so soon.

Arguments by the Parties

Petitioner

  • Sought a direction to reconsider the transfer, having applied for intra-district transfer.
  • Argued that other employees (serial nos. 10 and 11) in the transfer list were re-transferred, implying unequal treatment.

Respondent (District Judiciary)

  • Submitted that petitioner was transferred from Alipore to Kakdwip about eight months earlier as an administrative measure.
  • Pointed out the official rejection dated May 16, 2025, based on unsatisfactory fulfillment of relevant provisions and performance records.
  • Emphasized that petitioner’s comparison with others’ transfers could not be a ground for relief.

State

Appearance entered, no further arguments detailed in the judgment.

Factual Background

The petitioner was serving as a Stenographer with the district judiciary. He was transferred from Alipore to Kakdwip in February 2025 through an administrative order. In August 2025, he sought another intra-district transfer, which was declined by the Registrar (Judicial Service), citing performance and administrative reasons. The petitioner argued that other colleagues in similar circumstances were re-transferred, but had not challenged those transfers.

Statutory Analysis

The Court interpreted Article 226 of the Constitution of India, confirming that writ courts cannot interfere in administrative transfers except for cases manifesting mala fide or arbitrary action. Transfer policies and tenure were considered but not judicially expanded or “read down”; nor were any additional statutory interpretations rendered.

Alert Indicators

  • ✔ Precedent Followed – The judgment follows established legal principle regarding limited judicial review on administrative transfers.

Leave a Reply

Your email address will not be published. Required fields are marked *

Recent Comments

No comments to show.