Allahabad High Court Cancels Malicious Transfer Order of U.P. Power Corporation Employee
The Allahabad High Court has annulled a transfer order issued by Purvanchal Vidyut Vitaran Nigam Limited (PVVNL), calling it unjustified and malicious. The court ruled that the transfer could not be used as a form of punishment.
Justice J.J. Munir, who presided over the case, stated that transferring an employee as a substitute for lawful punishment is a clear instance of “malice in law.” The court emphasized that such actions violate the principles of fairness and justice in employment practices.
The petitioner, an employee of the U.P. Power Corporation Limited (UPPCL) since 2008, had been posted at the Gorakhpur Zone. In June 2024, he was transferred to Prayagraj (Prayagraj Region-II) at his own request, as his wife was working as a lecturer in a government institution. A few days later, he was transferred to the Electricity Sub-Division, Katehara, Prayagraj.
However, just four months after this transfer, the petitioner was again moved to the Electricity Distribution Sub-Division-City, Pratapgarh. This latest transfer order was challenged by the petitioner in court.
In its response, the transferring authority argued that the new posting was nearly equidistant from the petitioner’s home in Prayagraj, implying that the transfer would not cause any inconvenience. While the court acknowledged this point, it noted that the transfer order came in the wake of several complaints against the petitioner, leading to an inquiry.
Upon reviewing the inquiry report, the court found that the transfer order had been issued on the same day the report was submitted. The court concluded that this transfer was not based on administrative necessity but rather as a substitute for disciplinary action, which it deemed unjustified.
The court further observed that the petitioner’s failure to respond to the allegations in the inquiry was considered insubordination by higher officials, leading to the remark that the petitioner needed to improve his behavior.
Drawing on a previous Supreme Court ruling in the case of Somesh Tiwari vs. Union of India, the court highlighted that a transfer order should not be issued as a punishment for misconduct. Instead, it must be based on legitimate administrative reasons.
As a result, the court ruled in favor of the petitioner, allowing him to return to his previous posting before the transfer order was issued. The court’s decision underscores the importance of fair and transparent procedures in employee transfers.
