UMESH C.BANERJEE
S. V. SINGH – Appellant
Versus
UNION OF INDIA – Respondent
( 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 v. Acting Zonal Manager, Food Corporation of India, Madras and 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 transfe
Referred to : C.Ramanathan v. Acting Zonal Manager, Food Corporation of India, Madras and Ors.
E.P.Royappa v. State of Tamilnadu
C.C.Kar v. State of West Bengal
West Bengal State Electricity Board v. Deshabandhu Ghosh and Ors.
Central Inland Water Transport Corporation Ltd. v. Broja Nath Ganguly and Anr.
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