Transfers incidental to service, says Madras HC

Transfer orders of public servants are incidental to service and such movements on administrative grounds are made for an effective and efficient public administration, the Madras High Court said to a petitioner on Wednesday.

The high court dismissed a plea by a woman sub-inspector (SI) of police who challenged her transfer order last year.

Upholding the April 5, 2018, order of the Chennai Joint Commissioner of Police transferring SI R Anitha from one city all-woman station to another, Justice S M Subramaniam said that "transfer was incidental to service, more so, a condition of service".

"A public servant is supposed to serve wherever he or she is posted in the interest of public and for the welfare of the public administration," the judge said.

He said public servants enjoyed a status in the society and by virtue of that status they were bound to maintain integrity, honesty and devotion of duty towards the public.

Noting that the woman SI had been working in Chennai since 2012, he expressed surprise at how the superior officers allowed SIs to serve in the same city for such long time.

If public servants, more specifically uniformed personnel, were allowed to work in a same station for more number of years, they will develop a sort of familiarity in the locality and it may lead to several other problems, including the maintenance of the police force by the superior officials, the judge said in his order.

Hence, administrative transfers were issued uniformly and by adopting a consistent principle.

The employees were at liberty to challenge transfer order only if it was out of personal vengeance of officials or based on extraneous considerations, he said.