Transfer Orders In Armed Forces A Necessary Exigency Of Service, Can't Be Interfered With Unless Arbitrary/ Malafide: Delhi High Court

The Delhi High Court has observed that issuance of Posting Order resulting in transfer, especially for all those pertaining to Armed Forces, is a necessary exigency of service which should not be interfered by a Court as the Armed Forces are the best judges to exercise their own discretion.

"Posting Order resulting in transfer, which is in the absence of a violation of any statutory requirements, rules, regulations or like or which is unless vitiated by some sort of bias or malafide or vindictiveness further do not call for any interference from Courts," a division bench comprising of Justice Suresh Kumar Kait and Justice Saurabh Banerjee added.

The Court was dealing with a plea filed by a man claiming that he was enrolled in the Indian Air Force as Outstanding Sportsman (Cricket) in June 2016. After completing training, he was posted to 3 Wg, IAF (Palam Station) for sports duties and went on to represent the IAF in Services Cricket Team in Ranji Trophy Matches between 2017 till 2020.

During this time, petitioner was unable to appear for examination in University, so the Air Force Sports Control Board assisted him from time to time. In March last year, petitioner's Cricket Coach asked him to run, however, unable to do so due to knee injury, same was considered as indiscipline on his part and despite being best opener in 2018-19, he was not selected for 2019-20.

Therefore, the petitioner was never attached to any Trade Duty till 12.03.2021, however, he was sent on Trade Duty vide first Posting Order and thereafter he joined back his service. In September last year, a second Posting Order was again issued to 4 Wing against the petitioner.

The plea was thus filed to quash the posting order dated 7th September, 2021, issued for trade duty of petitioner at Agra.

The Court observed that in order to remain on Sports Duty, petitioner was bound to maintain medical fitness and perform efficiently at all stages of his service career in complete adherence to the 2 Sports Policies, for which he was required to maintain discipline at all times.

The Court also noted that the petitioner had not alleged any sort of bias or malafide or vindictiveness to show any negative act on the part of respondents which prompted them to issue the second Posting Order.

"Having said that, we cannot skip to note, once again, that though there is a vague reference of malafide on the part of his Cricket Coach but the petitioner has neither arrayed him as a party in this writ petition nor filed any particulars of any kind in support of any malafides nor argued anything before us. Thus, malafides though alleged have not been proved," the Court observed.

It added "That officers like petitioner recruited by IAF are to perform all kinds of duties, including General Duty, for their entire service career is primary, and that such officers like petitioner being recruited as sportsmen under Sports Category for Sports Duty is secondary."

"Once recruited for Sports Duty, sportsmen like petitioner shall remain governed by the 2 Sports Policies till their entire service career and shall always be subject to medical fitness and performance efficiency. Failure on the part of sportsmen, like petitioner, would entail posting/ transfer for General Duty and it will be inevitable. Else the whole purpose for recruitment of sportsmen, like petitioner, for Sports Duty by IAF will be defeated, more so whence such recruitment is for a particular reason and for a particular period."

The Court observed that the Petitioner, even if recruited for Sports Duty will always be subject to posting/ transfer.

"Being a Cricketer himself, petitioner ought to be aware that though not the National Sport yet „Cricket‟ is by far the most popular Sport played all across our Country. "True Sportsmen never give up.", so his posting/ transfer or the nature of duties assigned would not be an impediment and irrespective of such place of posting/ transfer or duties, we feel it would be easy for him to find his way through and move up the ranks to represent the Services Cricket Team soon. Assigning Trade Duty can neither take away his opportunity of playing Cricket nor jeopardize his cricketing career," the Court said.

It added "Petitioner cannot loose sight of the age-old saying, "Once a Sportsman always a Sportsman", which though true is always with many riders as it depends upon focus, discipline, devotion, dedication, fitness and ability amongst many others."

Upholding the impugned posting order, the Court dismissed the plea.

Case Title: SGT. NAVNEET KUMAR SINGH (977823-F) v. UNION OF INDIA & ORS.

Citation: 2022 LiveLaw (Del) 813

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