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PETITIONER: STATE OF MADYA PRADESH & ORS.

       Vs.

RESPONDENT: SRI S.S. KOURAV & ORS.

DATE OF JUDGMENT19/01/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. VENKATACHALA N. (J)

CITATION:  1995 AIR 1056            1995 SCC  (3) 270  JT 1995 (2)   498        1995 SCALE  (1)511

ACT:

HEADNOTE:

JUDGMENT: ORDER 1.   Leave granted. 2.The  respondent  is an Executive Engineer working  in  the Department  of Water Resources of the  appellant-Government. He  worked as Assistant Engineer from 3.6.89 to  25.7.92  at Bhopal  and after a short spell of six months again  he  was transferred  to  Bhopal in the promoted  post  of  Executive Engineer and he continued at Bhopal from 19.10.92 to 9.7.93. The Department initiated orders of transfer at the  instance of   the  Chief  Engineer.   The  respondent  came   to   be transferred from Bhopal to Jagdalpur vide proceedings  dated 9.7.93.  He  challenged the correctness  thereof  by  filing O.A.No.489/93 before the Administrative Tribunal at  Bhopal. The   Tribunal  by  its  order  dated  7.8.93  allowed   the application, quashed the order of transfer and directed that it  would  be  open to the Government  to  pass  appropriate orders  for  transfer on the administrative grounds  as  per rules  and  law.  It has also directed that  the  respondent would not be transferred during the period of ban.   Calling in question the above order, this appeal, by special  leave, came to be filed. 3.The main ground on which the Tribunal quashed the order of transfer was that since there was a ban imposed for transfer of the officers during the period of President’s Rule  until prior  approval of the Governor was obtained which  was  not done  in  this case.  Therefore, the transfer  without  such approval  is bad in law.  The learned counsel appearing  for the  State has placed before us the proceedings of  transfer initiated in File No.3(B)/160/93/P/31 which would show  that on  the  recommendation  made by  the  Chief  Engineer,  the respondent  was  proposed  to be  transferred  as  Executive Engineer  from  Hydromateorology Division at Bhopal  to  the office of the Supdtg.  Engineer, W.R.Circle, Jagdalpur in  a vacant post.  When it was submitted to the Secretary,  after giving  approval, the Secretary despatched the file  to  the

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Advisor  to the Governor.  The Adviser to the  Governor  has given his approval on 9.7.93 and on the same day the  orders of transfer came to be issued. 4.       It  is  contended  for  the  respondent  that   the respondent had already worked at Jagdalpur from 1982 to 1989 and  when  he  was  transferred  to  Bhopal,  there  was  no justification  to  retransfer him again  to  Jagdalpur.   We cannot  appreciate these grounds.  The courts  or  Tribunals are not appellate forums to decide on transfers of  officers on  administrative  grounds.  The wheels  of  administration should  be allowed to run smoothly and the courts or  tribu- nals  are  not  expected to interdict  the  working  of  the administrative system by transferring the officers to proper places.   It is for the administration to  take  appropriate decision  and  such decisions shall stand  unless  they  are vitiated either by malafides or by extraneous  consideration without any factual background foundation.  In this case  we have  seen that on the administrative grounds  the  transfer orders came to be issued.  Therefore, we cannot go into  the expediency of posting an officer at a particular place. 500 5.It is next contended that the approval of the Governor  is a  condition precedent.  Unless the Governor gives  his  ap- proval,  the  order of transfer is bad in law.  We  find  no force  in  the  contention.  Under the  business  rules  the powers  of the Governor during emergency would be  delegated to  various officers to be exercised on his behalf, We  have seen the proceedings that the papers have been placed before the  Adviser (A.S.). Obviously, the Adviser(A.S.)  had  been given  power  to appeal all the orders of transfer  and  the Administrator  had given his approval on 9.7.1993.  When  he had given his approval, it should be deemed that he acted on behalf  of the Governor in exercising the statutory  powers. Therefore,  it  is not necessary that  the  Governor  should personally  sign the orders.  Under the business rules  only files in certain cases will be submitted to the Governor for his   personal   consideration  but  not  all   matters   of administrative  routine.  In this -view, the transfer  order being an administrative routine, delegation has been made to the  adviser(A.S.).  Therefore,  the order  of  transfer  is perfectly legal and valid. 6.It  is further contended that in an unfortunate  situation the  respondent’s  wife  committed  suicide  leaving   three children and he would suffer extreme hardship if has to work in the tribal area.  This court cannot go into that question of relative hardship.  It would be for the administration to consider  the  facts of a given case and mitigate  the  real hardship   in   the   interest   of   good   and   efficient administrator.   If there is any such hardship, it would  be open  to  the  respondent to make a  representation  to  the Government and it is for the Government to consider and take appropriate decision in that behalf 7.The   appeal   is   accordingly  allowed   but,   in   the circumstances, without costs. 501