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1994 Supreme(SC) 297

J.S.VERMA, S.P.BHARUCHA
Union Of India – Appellant
Versus
Ganesh Dass Singh – Respondent


ORDER

1. Delay condoned.

2. Special leave granted.

3. The respondent was posted at FOD Jodhpur from which he was transferred to the FOD Udhampur. He challenged his transfer on the ground of mala fides without indicating any particular individual against whom the mala fides were alleged, or impleading that person by name. The respondent also alleged that his superiors were annoyed on account of his trade union activities and the complaints made by him in that capacity about the functioning of the Depot. The Tribunal did not accept the respondents contention that the transfer was made on account of the complaints made by the respondent about the functioning of the Depot. However, the Tribunal appears to have been influenced by the respondents assertion that his trade union activities had influenced the transfer. Accordingly, the Tribunal held that the transfer order had been made in colourable exercise of power. The transfer was accordingly quashed.

4. In our opinion, in the present case there is no material to justify interference with the mere order of transfer made by the competent authority for administrative reasons particularly when the Tribunal had rejected the respondents asserti



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