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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
Geeta Kumari, wife of Sri Abhay Kumar Bharti – Appellant
Versus
Rajendra Prasad Central Agricultural University, Pusa – Respondent
| Table of Content |
|---|
| 1. petitioner's transfer and relieving order challenged. (Para 1 , 2 , 3) |
| 2. transfer order alleged to reduce petitioner's status. (Para 4 , 10) |
| 3. act and statutes detailing powers and authority. (Para 5 , 6 , 9) |
| 4. board of management holds transfer authority. (Para 8 , 18) |
| 5. judicial review limited; transfer is employer's domain. (Para 20 , 21 , 36) |
| 6. impugned transfer order set aside; petition allowed. (Para 40 , 43) |
JUDGMENT :
HARISH KUMAR, J.
1. This Court has heard Mr. Shivendra Kishore, learned Senior Advocate duly assisted by Mr. Saroj Kumar, learned Advocate for the petitioner and Mr. P. K. Shahi, learned Senior Advocate along with Mr. Vijay Shankar Upadhyay, learned Advocate for the Dr. Rajendra Prasad Central Agricultural University.
2. The brief facts, leading to the present writ petition are summarized; that while the petitioner was discharging her duties on the post of Assistant Professor in the Department of Microbiology, faculty of Basic Science & Humanities, Dr. Rajendra Prasad Central Agricultural University, Pusa (hereinafter referred to as ‘the University’), the Deputy Registrar (Estt.) of the University issued Office Order No. 76 dated 18.05.2025 with
The Vice-Chancellor of the university lacks the authority to transfer employees absent explicit provisions in the governing Act, rendering the transfer order invalid.
The Vice Chancellor lacks jurisdiction to transfer staff without Board approval under the Act of 2016, allowing for statutory appeal rights.
Court upheld transfer of university faculty under administrative grounds, affirming limited scope for judicial review in administrative transfer matters.
Transfer of employees is an essential condition of service governed by administrative exigencies, and courts should exercise restraint in interfering with such orders unless they are proven to be ill....
The court upheld the validity of transfer orders for university staff, ruling that they do not qualify as government servants and emphasizing limited judicial intervention in administrative transfers....
A transfer order executed without adhering to due process is deemed punitive and illegal, impacting the employee’s rights and entitlements.
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