Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law- |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law-Transfer of Government officer on administrative grounds-Question of expediency of posting at a particular place-Court not to interfere-Transfer during period of President's Rule-Approval of Advisor to Governor obtained-Order of transfer is valid-Question of relative hardship-Government to consider and take appropriate decision.The respondent, an Executive Engineer in the Department of Water Resources of the Government came to be transferred on administrative grounds. He challenged the order before the Administrative Tribunal. The Tribunal quashed the order on the ground that there was a ban imposed for transfer of the officers during the period of President's Rule until prior approval of the Governor was obtained which was not done in this case; therefore, the transfer without such approval was bad in law. This appeal had been filed challenging the Tribunal's order. The State contended that the Advisor to the Governor had given his approval and then only the orders of transfer came to be issued.The respondent contended that he had already worked at Jagdalpur from 1982 to 1989 and when he was transferred to Bhopal, there was no justification to retransfer him again to Jagdalpur. It was next contended that the approval of the Governor was a condition precedent and unless the Governor gave his approval, the order of transfer was bad in law. It was also alleged that the respondent would suffer extreme hardship if he had to work in the tribal area. |
Judge | N/A |
Neutral Citation | 1995 INSC 63 |
Petitioner | State Of Madhya Pradesh And Anr. |
Respondent | Sri S.s. Kourav And Ors. |
SCR | [1995] 1 S.C.R. 482 |
Judgement Date | 1995-01-19 |
Case Number | 1285 |
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