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PURNENDU SINGH
Mrityunjay Kumar Singh – Appellant
Versus
State of Bihar – Respondent
Purnendu Singh, J.—Heard Mr. Bindhyachal Singh, learned senior counsel along with Mr. Harshvardhan Shivsundaram and Mr. Ebrahim Kabir, learned counsels appearing on behalf of the petitioners and learned Additional Advocate General-12 for the State.
2. The petitioners in paragraph no. 1 of the present writ petition have sought, inter alia, following relief(s), which are reproduced hereinafter:—
“(1) To issue appropriate direction, order or writ in the nature of Certiorari quashing the part of order issued by the Inspector General of Police (Headquarter), Bihar, Patna as contained in memo no. 49 dated 23.01.2024, memo no. 58 dated 25.01.2024 and memo no. 158 dated 29.02.2024 (Annexure- P/7 series) by which petitioner no. 2 to 16, who are office bearers of the Bihar Police Association, Patna have wrongly been transferred in utter violation of the Government instructions issued time to time with respect to transfer of office bearers of the service associations/employees unions.
(ii) To issue appropriate direction, order or writ in the nature of Certiorari quashing the letter no. 123 dated 12.03.2024 (Annexure- P/10) issued by the Inspector General of Police (Headquarter), Bihar, Patna by
The court emphasized that transfer orders should not be interfered with unless they are shown to be vitiated by malafide or made in violation of any statutory provision or issued by an incompetent pe....
Administrative decisions affecting service positions must adhere strictly to the principles of natural justice, comply with existing judicial orders, and be founded on lawful premises.
Transfer orders in public service are valid unless proven mala fide or in violation of statutory provisions.
Transfer orders of police personnel under ECI directives are valid beyond elections, emphasizing public interest and administrative exigencies.
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
The court affirmed that transfer orders are administrative decisions and should not be interfered with unless proven to be arbitrary or in violation of statutory provisions.
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