LEGITIMATE EXPECTATION IN TRANSFERS; TRANSFER DISPUTES AND ADMINISTRATIVE POLICIES

AUTHOR – VISHAL LOLARKNATH TIWARI, RESEARCH ASSOCIATE/ LAW CLERK AT ALLAHABAD HIGH COURT

BEST CITATION – VISHAL LOLARKNATH TIWARI, LEGITIMATE EXPECTATION IN TRANSFERS; TRANSFER DISPUTES AND ADMINISTRATIVE POLICIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 407-411, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction

The scope of judicial review under Article 226 concerning transfer orders has long been debated. Initially, uncertainty prevailed over whether courts could intervene in administrative decisions regarding transfers. However, this issue has now been conclusively settled. The Supreme Court of India, in Pubi Lombi v. State of Arunachal Pradesh,^[1] reaffirmed the established legal position by relying on key precedents that shaped the jurisprudence on transfer orders.

Transfer orders fall within the domain of administrative discretion, serving organizational efficiency and governance. Courts have traditionally refrained from interfering in such decisions unless they violate constitutional rights, statutory provisions, or principles of natural justice. Judicial review under Article 226 is limited in scope and applies only when a transfer order is arbitrary, mala fide, or contrary to established legal principles.

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[1] 2024 SCC OnLine SC 279