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IN THE HIGH COURT OF JUDICATURE AT PATNA
VIPUL M.PANCHOLI, PARTHA SARTHY
Jitendra Kumar, S/o Late Siddhnath Prasad – Appellant
Versus
State of Bihar through the Chief Secretary, Govt. Of Bihar Patna – Respondent
| Table of Content |
|---|
| 1. court clarified that allegations do not necessitate inquiry for valid transfers. (Para 11) |
| 2. the appeal was dismissed affirming the single judge's decision. (Para 14) |
JUDGMENT :
Vipul M. Pancholi, CJ.
The present Letters Patent Appeal has been filed under provisions of Clause 10 of the Letters Patent of the Patna High Court Rules against the judgment dated 28.11.2024 rendered by learned Single Judge in CWJC No. 17726 of 2023, by which the learned Single Judge dismissed the writ petition filed by the present appellant/original petitioner.
2. Heard Mr. Siyaram Pandey, learned counsel appearing on behalf of the appellant/original petitioner and Mr. P.K. Verma, learned Additional Advocate General No. 3 appearing on behalf of the respondent-State.
3. Learned counsel for the appellant/original petitioner would mainly assail the impugned judgment passed by the learned Single Judge on the ground that learned Single Judge has not properly considered Clause 4(iii) of policy/letter bearing Memo No. 1243 dated 08.10.2014. It is submitted that as per the said policy of the Government, in case there is charge on an employee and if the employee is disobeying the order of the authori
Administrative authority has discretion to transfer employees based on exigency, notwithstanding allegations, without the need for prior inquiry into the misconduct.
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.
Judicial review of transfer orders is limited; transfers made on administrative grounds are valid unless shown to be arbitrary or malicious.
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.
Transfers within service are at discretion of authorities based on administrative needs, not strictly bound by service tenure guidelines.
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
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