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Govt employee has no right to be posted at one place: HC

The Delhi High Court said a transfer order issued by a competent authority does not violate any of the employee's legal rights.

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A government servant in a transferable job has no right to remain posted at one place of his choice, the Delhi High Court has said.

"Transfer of an employee is not only an incidence inherent in terms of his appointment, but is also implicit as an essential condition of service in the absence of any specific indication to the contrary in the law governing the service condition," a bench comprising justice AK Pathak and justice Madan B Lokur said.

The court passed the order on a petition filed by a chief medical officer of the Ram Manohar Lohia Hospital challenging his transfer to the government of the National Capital Territory of Delhi.

Setting aside the plea of the doctor, AK Bhardwaj, the court said, "The transfer order issued by a competent authority does not violate any of his legal rights. It is well settled that a transfer order has not to be interfered with unless the same is vitiated by mala fides and is in violation of any statutory provision."

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