How to get stay oder on transfer order?


The problem that you are facing is the one that generates from hierarchical structure of your institution. Transfer orders are often initiated at the behest of superior officers.
The only way of putting a stay on your transfer order is to file a writ petition under Article 226 and Article 32 of the Constitution of India before the High Court and Supreme Court challenging the transfer order as vicious and with ulterior motives. The state would be forced to bring on record all the documents on account of which your transfer has been initiated.

You can challenge the validity of the transfer order being violative of Article 14 as it is unjust and arbitrary. In Smt. S.M Asha Parvee v. State Of Karnataka petitioner filed an application before the Karnataka Administrative Tribunal, Bangalore. The Karnataka Administrative Tribunal was pleased to order stay of transfer order as it relates to petitioner and 2. The petitioner was the Tahsildar, Taluk office, K.R Puram, Bangalore. In terms of the Government Order dated 15.7.2010, she was transferred from that office to Khadi Board and Rural Employment…above said C.L Shiva Kumar on 19.7.2010 Petitioner, after obtaining the certified copy of the order on 19.7.2010, instead of approaching the Deputy Commissioner or other higher Officers .

Reference: Writ Petition Article 226 and Article 32 of the Constitution of India



Ask FREE question
Ask Question
Eg - Start with How, Why, What, Should I, When will...? etc
Thank you.  Please share the below details
* If you are outside India, mention WhatsApp Number with Country Code
Place of Property / Employment / Legal Issue / Residence / Your City