Mid-term or pre-mature transfer should be a reasoned order: HC

Observing that mid-term or pre-mature transfer ought to have been stated in writing, the Bombay High Court has quashed an order passed by Maharashtra OBC Finance and Development Corporation transferring District Manager Kishore Mhaske from Mumbai to Raigad.
"The exceptional reasons for the special mid-term or premature transfer ought to have been stated in writing.Vague, hazy and meager expression such as 'on administrative ground' cannot be a compliance to be considered apt and judicious enough in the face of mandatory statutory requirements," a bench noted in its recent order.
"We are satisfied in the case in hand that there was non-observance of the statutory requirements of the Act. The mid-term or pre-mature special transfer has to be strictly according to law, by a reasoned order in writing and after the due and prior approval from the competent authority concerned for effecting such special transfer under the Act," observed a bench headed by Justice Abhay Oak.

"The exercise of exceptional statutory power has to be transparent, reasonable and rational to serve objectives of the Act, as far as possible, in public interest. Mandatory requirements of the provision under Section 4(5) of the Act cannot be ignored or bye-passed," the bench remarked.
The petitioner Kishore Mhaske contended that he was posted in Mumbai in 2011 and according to the rules he could not be transferred for at least three years. Since this period has not expired, it was a mid-term transfer.
The impugned transfer order of May 30 last year in the absence of mention of special and exceptional reasons was passed obviously in breach of the statutory obligations and suffers from vices, the judges said.

The petitioner pleaded that he was posted as a clerk in the organisation from January 3, 2000. Initially, his services were temporary, but due to his good track record, his job became permanent. He was promoted as an accountant with effect from December 1, 2003 and further promoted as District Manager with effect from July 1, 2005.