Back
TARLADA RAJASEKHAR RAO
V. Rama Koteswara Rao – Appellant
Versus
State Of A. P. – Respondent
ORDER :
(Tarlada Rajasekhar Rao, J.) :
The 5th respondent vide proceedings dated 22.09.2023 transferred the petitioner, from Dr.N.T.T.P.S. DAV Public School, Ibrahimpatnam to DAV High School, Nellore, on the existing pay scale on the administrative ground observing that the Petitioner is entitled for TA, DA as per norms. The said proceedings have been assailed before this Court on the ground that the transfer is not under normal order, or it was made for administrative exigencies and transfer order was created and the power of transfer in the instant case was adopted as an alternative for punishment and which transfer cannot be inflicted without going through the process as prescribed under the law and in order to substantiate the said contention referred the internal proceedings of the 4th respondent which was addressed to the Assistant Regional Officer, DAV Institutions, in the said proceedings, it is observed that the petitioner has manipulated the attendance of the child in the Dr. NTTPS DAV School records and caused a lot of confusion and criticism from the parent community. Consequently, LMC of Dr. NTTPS has strongly felt that, disciplinary action should be taken against Sri V.
Transfer orders are administrative actions that should not be interfered with unless shown to be mala fide or in violation of statutory provisions, with public interest being a valid justification.
Disciplinary proceedings must follow due process, including proper inquiry and adherence to principles of natural justice.
Transfer orders in public service must be made based on administrative necessity and public interest, and cannot be influenced by political pressure or arbitrary decisions.
Transfer orders affecting educators mid-academic year violate principles of good governance and arbitrariness, warranting judicial intervention.
The transfer order was issued in violation of the statutory rule requiring a no objection certificate from the Head of the institution of the parent school and non-consideration of the effect of the ....
Court upheld transfer of university faculty under administrative grounds, affirming limited scope for judicial review in administrative transfer matters.
The Chairperson of the District Primary School Council lacks authority to transfer a teacher in the absence of a constituted Council, violating statutory rules and principles of natural justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
