You can go directly to the High Court if you have some statutory backing and if you can prove that yhe transfer has been cancelled malafidely.
Regards
Regarding cancellation of transfer order
I was promoted as Accounts Officer in the month of August 2014 which is a Class-B Gazetted Post and was posted at District Panipat (Haryana). I was transferred to District Karnal (Haryana) in the month of February 2015 on my request against Mr.A. But I was transfered to Panipat and Mr.A to Karnal in the month of July 2015. Again I was transferred to District Karnal (Haryana) in the month of May 2017 on my request against Mr.B on longer stay as Mr.B was posted on the same station for last 7 years. Now Mr.B is trying to cancel the transfer orders by using his political approach as no transfer policy is in existence in our department. If these orders stand cancel then what step should I take.
Asked 8 years ago in Civil Law
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6 Answers
1.If there is no trasnfer policty then it is very difficult to establish your case.
2.however of you have got the trasnfer order and subsequently it is cancelled then you cna take the plea of mal fide.
3.the ling stay of B in Karnal would act in your favour.
4.So you can explore your legal rights through CAT or the high court.
Transfer is a part and parcel of the employment which has to be accepted. If there is no transfer policy in the department then you challenge the transfer only on the ground that it has been actuated with malice, which you will have to prove. If you can prove this then you are free to file a writ in the High Court.
If the cancellation of the transfer order is dehors the law, challenge the said cancellation in the High Court in a writ petition.
1. You reportb for duty to your transferred place of postingat the earliest.
2. Once the transfer order is given effect to by you and all alklowances and expenses incurred for the said transfer is claimed and paid, then it will be difficuilt for the authorities to cancel the said transfer order and for making any further change, they shal;l; have to issue fresh transfer order.
3. In case you are further transferred or your transfer order is cancelled, you can file a writ Petition against your authorities claiming equity and juctice.
Under the situation if suppose B is getting transfer by using his influence then, if no representation is bringing you any fruit, you may file a writ petition before high court to safeguard and secure your position.
