SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1987 Supreme(Cal) 194

UMESH C.BANERJEE
S. V. SINGH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
D.PAL, M.K.Basu

U. C. BANERJEE, J, J.


( 1 ) IT is now well settled that the Writ Court would not normally interfere with the orders of transfer, since the High Court exercising powers under Article 226 of the Constitution cannot assume the role of an administrative supervisor in, regard to the affairs of a concerned organisation. But this cannot have an universal application and it depends upon, the facts and circumstances of each case. The managerial function to transfer cannot and ought not to be regarded as a prerogative, without any just cause. If the transfer order is tainted with malice or is violative of well-accepted norms or it is penal in nature, the writ Court shall be within its jurisdiction to enquire into the charge of malice and if found substantiated can set right the wrong and to set right of wrong is a plain exercise of judicial powers and there ought not to be any hesitation in. that regard.

( 2 ) THE Madras High Court in the case of C. Ramanathan vs. Acting Zonal Manager, Food Corporation of India, Madras 8 Ors. reported in 1980 1 L. L. J. page 1 observed"courts are chary to interfere with an order of transfer made for administrative reasons, An innocuous order of transfer whi























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top