Court : Kolkata Appellate
1. courts of law are slow to interfere with an administrative order of an employer transferring its employee from one place to the other, if such 2 transfer is one of the terms and conditions of service of the employee concerned. it is only on limited grounds that an order of transfer could be assailed. if it is established that an order of transfer has been passed malafide, a court may interfere. interference could also be made if the transfer is totally contrary to statutory rules governing the same and shocks the conscience of the court. instances of interference, however, are few and far between in view of acknowledgement of the courts that the employer is best suited to judge whom to transfer where so as to obtain optimal result. interference is, by and large, by way of an exception. 2. here, i am called upon to decide the present writ petition where validity, legality and/or propriety of an order dated march 24, 2007 issued by the personnel manager of durgapur chemicals limited, a government of west bengal undertaking (hereafter the company), transferring the petitioner, a chemical engineer posted in the companys manufacturing plant at durgapur, to its sales office at kolkata as sales engineer, is under challenge. 3. the petition was presented before this court on april 13, 2007. by an interim order dated april 16, 2007, the impugned order of transfer was stayed by a learned judge and affidavits were directed to be exchanged. the respondents later on filed an .....
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