Principles Of Natural Justice Crucial To Transfer Orders, Prevent Stigma & Bias: Kerala High Court

The Bench, comprising Justices A. Muhamed Mustaque and Shoba Annamma Eapen, observed that as the transfer order was issued in accordance with Rule 10(4) of the Kerala Education Rules ("KER"), the authorities should have ensured that principles of natural justice were followed by initiating enquiry and giving an opportunity of hearing to the teacher to prevent bias. 

Notably, the transfer order did not mention the reason for the transfer of the teacher from one school to another.

The Manager of the school had preferred the appeal against quashing of the transfer order, averring that the order was issued due to misbehavior of the teacher, following receipt of complaints from students.

Relying on Union of India and Others v. Janardhan Debanath and Another (2004), the respondents had urged that transfer orders could be issued for solving administrative problems.

After hearing the submissions, the court observed that the decision in Janardhan Debanath (Supra) was inapplicable as in the instant case, transfer order was issued in accordance with statutory provisions (Rule 10, KER pertains to transfer). Thus, the procedure prescribed had to be followed.

Though the Manager had contended that Rule 10(4) did not prescribe any procedure for conducting enquiry for effecting transfer, the court disagreed. It was observed that when a transfer was effected as per Rule 10(4) KER, civil consequences followed, and thus, principles of natural justice had to be complied with to prevent bias or prejudice against the teacher.

“Principles of natural justice is not an empty formality. If a transfer is effected with reference to sub-rule 4 of Rule 10, it results in civil consequences stigmatizing a teacher by categorizing her that of misbehaviour, misuse of official position, incompetentancy or low performance etc., that demand compliance of principles of natural justice by initiating an enquiry by the Manager giving fullest opportunity to the teachers to rebut any allegations.”

The court also referred to its earlier decision in State of Kerala v. P.K. Radhakrishna (2023) to highlight that principles of natural justice have to be read into statutory provisions to prevent bias or prejudice that could arise while issuing transfer orders.

Accordingly, the writ appeal was dismissed.

Counsels for appellant: Advocates Liju V. Stephen, Indu Susan Jacob and P.M. Hridya

Counsel for respondents: Senior Government Pleader A J Varghese

Citation: 2023 LiveLaw (Ker) 686

Case Title: The Corporate Manager v. Beena Hilkushi and Ors., WA NO. 2001/2023

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