MUKHERJEE, SHAMSUDDIN AHMED ( 1 ) THE appellant has preferred this appeal against he judgment and order of his Lordship Hon'ble Mr. Justice Bhagabati Prosad Banerjee dismissing his writ petition against the Notification NO. H / MA / 296 / DHS / HPA / G-34 / 85 dated 21st January 1985 issued by the Government of West Bengal, Department of Health and Family Welfare, transferring the appellant who was previously employed as Presser, Department of Cardiology, Institute of Post-Graduate Medial Education and Research, Calcutta as Professor, Department of Cardiology, Nil Ratan Sarkar Medical College, Calcutta, with effect from the date on which he would join he post vice Dr. J. C. Ghosh. ( 2 ) THE learned trial judge has inter alias, held as valid the said impugned order transferring the appellant to the post of Professor of Cardiology Nil Ratan Sarkar Medical College. There was no proof of any Alma fide or improper motive behind the order. The learned trial judge was unable to believe that the impugned order of transfer was motivate and/or passed in colorable exercise of powers and/or on extraneous ground or consideration. In the absence of proof of male fide, the learned trail judge declined to investigate whether the transfer order of the appellant had been passed in public interest. Accordingly, the trial judge held that the materials on record did not prove that the order of transfer had been passed male fide or with improper motive or was actuated by bias or that the transfer order had been passed to circumvent any disciplinary proceeding and/or to victimize the appellant by way of punishment. ( 3 ) MR. Saktinath Mukherjee, learned advocate who has appeared on behalf of the appellant, has inter alias submitted that the trial court had committed error by not at all considering the appellant's case of malice in law. By filling a supplementary affidavit the appellant had placed on record the material facts which were not at all taken into consideration by the respondents before passing he impugned order transferring the appellant from the Institute of Post graduate Medical Education and Research to Nil Ratan Sarakar Medical College which is an under graduate institution. In this appeal before us, the appellant has assailed the impugned order of his tracery almost entirely on the said ground of alleged malice in law on the part of the respondents. In this appeal before us, the appellant has assailed the impugned order of his tracery almost entirely on the said ground of alleged malice in law on the part of the respondents. ( 4 ) THE Assistant Secretary, Government of West Bengal, Department of Health and Family Welfare While forwarding copies of the said notification dated 21st January, 1985, had inter alias stated that the positing of the appellant and the other officers mentioned in the said notification had been made in the interest of public service. The said recital of interest of public service in the transfer order would not be sufficient for meeting the challenge of he appellant. It is now well settled law that there is nothing like unfettered discretion immune from judicial review ability. The executive no less that the judiciary is under a general duty to act fairly. Mr. Mukherjee has also relied upon several decisions of the Supreme Court, namely, E. P. Rovappa v. State of Tamil Nadu Air 1974 SC 555 , Maneka Gandhi v. Union of India AIR 1979 SC 1628 , M/s. Kastui Lal Lakshmi Reddy v. State of Jammu and Kashmir AIR 1980 SC 1992 , in support of his submission that unlike private individual, State cannot act as it pleases; it must always act for public good. Every activity of the Government has a public element in it and it must therefore be informed with reason and guided by public interest ??. Government cannot act arbitrarily and without reason and if does, its action would be liable to be invalidated'. The court has undoubtedly power to lifts the veil and go behind an executive order which, on the face of it, may appear to be inn course. The court would strike down an order, which is arbitrary and therefore unreasonable. This ground of invalidity, namely, the governmental action is unreasonable or lacking in the quality of public interest, is different from that of male fides though in a given case, may furnish evidence of male fide. Mr. Mukherjee has also placed reliance upon several other decisions discussing the law relating to judicial review. Both in England and in India, writs have come to be used for the purpose of controlling what would otherwise be the unfettered executive action and may even fall within the scope of exercise of its prerogative powers. Mr. Mukherjee has also placed reliance upon several other decisions discussing the law relating to judicial review. Both in England and in India, writs have come to be used for the purpose of controlling what would otherwise be the unfettered executive action and may even fall within the scope of exercise of its prerogative powers. Now courts may interfere with the administrative action not only on the ground of illegality but also on the grounds of irrationality and procedural impropriety. ( 5 ) WE proceed to consider in the light of the aforesaid principles of law, the facts and circumstances relating to the appellant's transfer from the post of Professor of Cardiology, Institute of Post-graduate Medical Education and Research, Calcutta and his posting as Professor of Cardiology, Nil Ratan Sarkar Medical College, Calcutta. In his writ petition the appellant had, inter alialleged that the impugned order had been passed with male fide and in order to humiliate him and at the same time to patronize others. The appellant had also averred that the impugned order had penal consequences. The learned trial judge has discussed in detail as to whether the impugned order of the appellant's transfer was vitiated by malice in fact and whether the said order was punitive in nature. In our view, the learned trial judge has correctly concluded that the appellant had failed to substantiate his allegations of male fide. From the official records it appeared that the Director of Health Services, West Bengal had put up proposal for transfer of five members of the Health Service including the present appellant both the Secretary of the Department and the Minister-in-Charge had approved of the said proposal. The proposal was also put up before the Chief Minister and he also had approved. Thereafter the orders for transfer of the present appellant and others were issued Mere fact that the proposal for said transfers, approval of the same by the Minster-in-charge and the Chief Minister were made promptly and immediately the transfers order were issued do not prove that the respondent had any male fide motive in transferring the appellant and posting him at the Nil Ratan Sarkar Medical College. In fact, the learned advocate for the appellant has not disputed the correctives of the trail court's finding that the appellant could not prove his case of malice in fact. In fact, the learned advocate for the appellant has not disputed the correctives of the trail court's finding that the appellant could not prove his case of malice in fact. The impugned order of transfer was not penal in nature and did not result in any pecuniary loss to him. ( 6 ) THE main thrust of the appellant's submission before us has on the ground that the respondents did not at all consider the special facts and circumstances of his case and the impugned outer was bad in law because of such non-application of mind to the materials relevant of forming the opinion whether public interest would be served by transferring the appellant from his present post and posting him in the Nil Ratan Sarkar Medical College which is an under graduate institution. The appellant since his appointment in the West Bengal Health Service in December 1963 has been continuously serving in the Cardiology Department of the Institute of Post-graduate Medical Education and Research, Calcutta. Initially, he was made a lecturer in the said Department of the Post-graduate Institute. Thereafter, he was employed as a Reader in the Department of Cardiology of the said Institute. On 14th September, 1977 the Director of Health Services, Government of West Bengal by a Memo Communicated the order of the Governor of West Bengal directing that the appellant would act as the Head of the Department until further orders. Thereafter, he had made a professor in the said Department. ( 7 ) THE appellant claimed that mainly through his efforts the cardiology Department of the Institute of Post-graduate Medical Education and Research, Calcutta has been greatly improved and developed. Various sophisticated equipments have been installed and facilities have been provided for treatment of cardiac diseases. The appellant occupies very high position in the academic field and has been Honoured with various degrees, distinctions and membership of learned bodies. He has been training up and guiding students for post-graduate courses in Cardiology and also research students. The learned advocate for the appellant has submitted that without considering his eminence in cardio logical science, which is a super spatiality, the respondents have purported to transfer and post him as Professor in an under-graduate institution like Nil Ratan Sarkar Medical College. In M. B. B. S Course, Cardiology is not even an individual discipline or subject but forms only a part of the medicine paper. In M. B. B. S Course, Cardiology is not even an individual discipline or subject but forms only a part of the medicine paper. Since the appellant's appointment in medical service, he had throughout taught in the postgraduate course of cardiology and therefore, he would be totally unsuitable as a teacher in the under graduate students. If he is posted in an under graduate institution, the appellant would be no longer able to continue as paper setten examiner for post-graduate courses and other universities and institutions. He would be unable to any longer guide research students. Thus the order transferring him was clearly arbitrary and unreasonable because the same was lacking in the quality of public interest. After so many years of his useful service in the Cardiology Department of the said postgraduate institute, his transfer to Nil Ratan Sarkar Medical Collage, which is an under-graduate institution would not be for public good. ( 8 ) THE respondents do not dispute that the appellant is an eminent Cardiologist and value of his services rendered in building up the Cardiology Department in the Institute of Post Graduate Medical Education and Research, Calcutta is also not questioned. But undisputedly the appellant being a member of the West Bengal Medical Service holds a transferable post. He cannot question the power and authority of the state Government to transfer him in public interest. The mere fact that for 22/23 years he was not transferred cannot be a ground for holding that he could not be ever transferred. As already noted, he appellant no longer challenges his transfer to Nil Ratan Sarkar Medical College on the ground of any malice in fact on the part of the State Government or any of its officers. The petitioner has prayed that this court might adjudicate his claim that because of his attainments in the field of cardiology. His transfer from his present post was not in the interest of public service. The court has power to pronounce as unreasonable or irrational an executive decision generally confided to cases where the decision madder either did not apply his mind to relevant facts or had made a decision so outrageous in its defiance of logic or of accepted moral standards that no sensible person could have arrived at it (see Council of Civil Service Unions v Minister of Civil Service 1984 (3) Weekly Reporter 1174 ). The respondents in the instant case have argued that it was a part of the State Government's policy to transfer to Nil Rattan Sarkar Medical College where his services as an eminent Cardiologist would be availed of by a larger number of patients. In the past other members of the teaching staff of the said post-graduate Institute have been transferred. For administrative reasons, the appellant had been posted as Professor of Cardiology, Nil Ratan Sakar Medical College. Dr. C. R. Maity, who was the professor and Head of the Department of Cardiology in the Medical College, Calcutta, having retired form service the said post fell vacant. Dr. J. C. Ghosh, who was previously the Professor and Head of the Department of Cardiology Unit in the Nil Ratan Sarkar Medical Collage was transferred to Calcutta Medical College against the vacancy caused by retirement of Dr. C. R. maity. Thus, a substitute became necessary for filing up the post lying vacant due to transfer of Dr. J. C. Ghosh. Therefore, under normal rules the appellant had been transferred and posted as Professor of Cardiology, Nil Ratan Sarkar Medical College. ( 9 ) IT is not the case of the appellant that although as a member of the West Bengal Health Service he held a transferable job, once appointed in the teaching staff of the Institute of Post graduate Medical Education and Research, Calcutta, he could no longer be transferred from the said Institute and posted elsewhere. He seeks to challenge his transfer and posting at Nil Ratan Sarkar Medical College, Calcutta on the alleged ground what one might say his unique positioning the field of Cardiology. We are unable to hold that because of his high attainments in a subject described as super-specialty'. The appellant could no longer be transferred to an under graduate institution / college. Even after acknowledging he appellant's proficiency and high position as a Cardiologist we found it difficult to strike down the impugned order transferring him elsewhere. If degree of preeminence in a post-graduate discipline be a relevant factor for testing validity or other wise of an order transferring a post-graduate teacher, he court would be in an unenviable position of pronouncing upon the merits of a post-graduate teaching staff whom the government might attempt to transfer elsewhere. If degree of preeminence in a post-graduate discipline be a relevant factor for testing validity or other wise of an order transferring a post-graduate teacher, he court would be in an unenviable position of pronouncing upon the merits of a post-graduate teaching staff whom the government might attempt to transfer elsewhere. In our view, it is not for the court to decide whether public interest would be better served by retaining him in he said post-graduate Institute or by transferring him to an under-graduate Institute. When such transfer is based upon a policy decision of the Government, the court may not review the propriety of formulation of such an executive policy. The court may not substitute its views in place of those of the Executive whether public interest would be served by transferring the appellant from his present post. Further, if the court is to decide the legality of a transfer order by judging the merits of claims about reputation and proficiency in his discipline made by a person. Who is sought to be transferred from a Post-Graduate Institute, then same would result in apply in a very unreliable and variable standard because in one case the court may strike down order of transfer and in another case it may refuse to interfere on the ground that the person transfer did not occupy sufficiently high position in his field and therefore his retention in the said post-graduate Institute was not necessary in public interest. ( 10 ) WE agree with the learned trial judge that the nature of public interest involved in case of compulsory retirement, would not necessarily be identical with interest of public service involved in transferring a government servant from one post to another. Different considerations would undoubtedly arise in case it is proposed to compulsorily retire a government servant in public interest. Persons belonging to a transferable service may be transferred from one post to another both because of administrative policy or practice or because of administrative reasons. As already observed except in case of male fide it would be extremely difficult for the court to review the expediency and propriety of an administrative order for transferring a government servant from one post to another. Undoubtedly, when a transfer order is passed male fide or when the same has penal consequence, the court would not hesitate to strike down the transform order. Undoubtedly, when a transfer order is passed male fide or when the same has penal consequence, the court would not hesitate to strike down the transform order. But when reasons for transfer are administrative in nature and he appropriate authority acts bona fide, the court could not interfere with such administrator order for transfer. ( 11 ) HAVING given our anxious consideration, we find that there was no legal infirmity in the impugned order transferring the appellant to he post of professor of Cardiology in Nil Ratan Sarkar Medical College, Calcutta from the post of Professor of Cardiology, Institute of Post-Graduate Medical Education and Research, Calcutta. The said order was not vitiated by male fide. Accordingly, the learned trial judge had correctly dismissed his writ application. ( 12 ) FOR the foregoing reasons, we dismiss this appeal without any order as to costs. Let the operation of our order be stayed for six weeks. Certified copy of this order, if applied for, is supplied immediately. Shamsuddin Ahmed, J: - I agree. Appeal dismissed.