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1993 Supreme(SC) 552

S.C.AGRAWAL, KULDIP SINGH
State Of Punjab – Appellant
Versus
Joginder Singh Dhatt – Respondent


JUDGMENT

Special leave granted.

2. Joginder Singh Dhatt, the respondent, is working as Superintendent Grade-Il in the service of the Punjab Government. He was transferred from Hoshiarpur to Sangrur purely on administrative grounds. He challenged the order of transfer by way of a writ petition before the High Court on the ground that it, was a mid-term transfer and apart from that he was due to superannuate on June 30, 1994 and as such under Government instructions he should not have been transferred. The State of Punjab pleaded before the High Court that the transfer was in the ordinary course. It was further stated that Joginder Singh Dhatt was charge-sheeted and to ensure that he did not interfere with the inquiry proceedings he was transferred to Sangrur. The High Court allowed the writ petition and quashed the transfer order on the following reasoning:

"Despite all this, the learned Counsel for the petitioner insisted that this Court may cancel the impugned transfer order as the same is contrary to the instructions and a mid-term transfer within two years of the superannuation, regardless of the consequences by any action which the State Govt. may take in the matter during the pe






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