Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Posts and Telegraphs Manual |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Transfer of employees on ground of misbehaviour-Transfer order affirmed by the Central Administrative Tribunal-Challenge to---Allowing the challenge, High Court held the transfer impermissible, violative of Fundamental Rule 15, amounts to penalty affecting seniority and promotional prospects-On appeal, held: No employee of Government/Public Sector Undertaking appointed on a transferrable post has any legal right to be posted at one place/ place of his choice-Transfer is not only an incident but a condition of service, which is necessary in public interest and efficiency in public administration unless it is shown to be an outcome of malafide exercise or in violation of statutory provisions~To meet administrative exigencies/quality of public service to enforce decency and decorum in public service, the authority/Department concerned could exercise its discretion-However, transfer if ordered otherwise than for misbehaviour/inefficiency/on written request, the protection of pay is ensured. Transfer Order-Interference with-Held: Courts/Tribunals could interfere if it casts a stigma/constitute punishment and affect service conditions/ prospects-The Court should not use the same yardstick/norms/standards to all categories of cases.Misbehaviour-Enquiry-Necessity of-Held: Not necessary, prima facie satisfaction of the authority is sufficient. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 105 |
Petitioner | Union Of India And Ors. |
Respondent | Sri Janardhan Debanath And Anr. |
SCR | [2004] 2 S.C.R. 356 |
Judgement Date | 2004-02-13 |
Case Number | 1010-1011 |
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