• About challenging my transfer order

I work for uttarakhand govt. My transfer was done without following the transfer policy. Those transfer policy points are violated-
Transfer done after fixed last date of transfer.
Transfer done without any transfer committy.
Transfer done without giving me 3 options.
Transfer done of a another employee who did not commenced his 3 year term.
Can i challenge transfer order on behalf of these points in court, and with court has power on this metter.
Asked 6 years ago in Civil Law

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7 Answers

You have to file application in state administrative tribunal challenging your transfer if it has been done in violation of state transfer policy

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You can challenge the order by filing a writ in high court

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

You may straight-away challenge this transfer order in the Nainital High Court and seek a writ of certiorari against it. Since, this order has been passed in breach of the existing transfer policy; and thus exposes its arbitrariness, you have a good case. So there are great chances that your transfer will be stayed and finally, the order of transfer will be quashed.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

1) contact a local ;lawyer

2) if there is no Administrative tribunal then you will have to file writ in HC challenging your transfer as it is contrary to transfer policy

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. In these circumstances you may file a writ petition to challenge the transfer made by the govt.

2. If you are able to prove that the transfer is made in violation of the transfer policy it may be set aside and quashed by the HC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If you feel that this transfer is against the law and natural justice, you can very well take up this matter before court of law.

You can approach CAT for relief and remedy.

You may even seek to stay the operation of stay order till the disposal of the main petition.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Transfer is done by the order of district magistrate in district area. There is no state administrative tribunal in uttarakhand. Shiuld i challenge this is district judge court as the metter is in district lavel transfer order.

If there is no administrative tribunal in the state, then you may approach high court by filing a writ petition seeking stay of operating the transfer orders and also to cancel the transfer for the reasons you rely upon.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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