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2008 Supreme(SC) 1865

S.B.SINHA, CYRIAC JOSEPH
Somesh Tiwari – Appellant
Versus
Union of India – Respondent


Judgement Key Points

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Question 1?

What is the legality and scope of transferring an All-India service employee and the extent to which writ/judicial review can interfere with administrative transfer orders?

Question 2?

What are the principles governing "no work no pay" in cases where a transfer order was deemed mala fide or without proper basis, and when may a court award consequential benefits?

Question 3?

What considerations justify directing leave in lieu of salary or other relief to balance justice in improper transfer/relocation scenarios?


S.B. Sinha, J.

Leave granted.

1. A short but an interesting question that arises for consideration in this appeal is as to whether the High Court while quashing an order of transfer passed against the appellant was correct in directing that he would not be entitled to salary for the period commencing 15 days after the modified order of transfer to Ahmedabad was passed till the date he again joined his duties at the original place.

2. The basic fact of the matter is not in dispute. Appellant is an officer of Indian Revenue Service. He was posted as a Deputy Commissioner of Central Excise at Bhopal.

3. Inter alia, on the premise that the employees posted at the Bhopal office of the respondents apprehending disciplinary as also criminal proceedings at the hands of the appellant on the basis of the reassessment of the files undertaken by him, an anonymous complaint was made alleging caste-bias on his part, pursuant whereto an order of transfer was passed against him on or about 22nd August, 2005.

4. Prior thereto he had filed a representation stating that, as he had been undergoing some treatment, he should be retained at Bhopal. Appellant, however, contended that in view of the fact t













































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