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HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD, J.
D.K. Chandel S/o P. L. Chandel – Appellant
Versus
State of Chhattisgarh Through The Secretary, Government Of Chhattisgarh Public Works Department – Respondent
REVP No. 24 of 2025
Decided on : 11-03-2025
(A) Transfer Policy - Misrepresentation and Suppression of Facts - The review petition challenges the order dated 6.12.2024 allowing WPS No.7971 of 2024 based on misrepresentation by Nirmal Kumar Singh regarding the existence of a transfer policy and his retirement status. The court found that the transfer policy cited was not in existence and that material facts were suppressed. (Paras 1, 2, 6, 14, 15)
(B) Clean Hands Doctrine - The principle that a party must approach the court with clean hands is emphasized, and the suppression of material facts disqualifies a party from obtaining relief. (Paras 6, 14)
Facts of the case:
The review petitioner was transferred from Raipur to Bemetara, while Nirmal Kumar Singh challenged his transfer, claiming a policy ban on transfers for those nearing retirement. The court initially ruled in favor of Singh based on misleading information.
Findings of Court:
The court found that Singh had suppressed material facts regarding the transfer policy and his actions post-transfer.
Issues: The main issues were whether Singh suppressed facts regarding the transfer policy and whether he misled the court.
Ratio Decidendi: The court ruled that the suppression of material facts by Singh constituted misconduct, justifying the review petition's allowance.
Result: The review petition is allowed, and the previous order is set aside.
Order :
(Amitendra Kishore Prasad, J.)
1. This review petition has been filed being aggrieved by the order dated 6.12.2024 passed in WPS No.7971 of 2024 filed by respondent No.5 herein Nirmal Kumar Singh against his transfer order dated 30.11.2024. Review Petitioner D.K. Chandel is seeking review of the order dated 6.12.2024 on the ground that Nirmal Kumar Singh, respondent No.5 herein and petitioner in WPS No.7971 of 2024 has suppressed material facts and obtained order dated 6.12.2024 behind the back of the review petitioner.
2. Brief facts to decide the instant review petition are that the Secretary, Government of Chhattisgarh, Public Works Department has issued transfer order dated 30.11.2024 by which review petitioner D.K. Chandel has been transferred from Public Works Department, Raipur to Public Works Department, Bemetara, whereas respondent No.5 herein Nirmal Kumar Singh has been transferred from Public Works Department, Bemetara to Public Works Department, Raipur on administrative exigency. Respondent No.5 herein has challenged his transfer order and on 6.12.2024, when WPS No.7971 of 2024 came up for hearing, learned counsel appearing for the petitioner therein Nirmal Kumar Singh submitted that the petitioner therein is going to retire on 30.6.2025 on attaining the age of superannuation and only 7 months are left, as such the transfer order is not in accordance with the transfer policy of the State Government. However, the petitioner therein Nirmal Kumar Singh suppressed the fact that in pursuance of the transfer order dated 30.11.2024, he had already joined his transferred place at Raipur and further he has made a wrong statement that a transfer policy pertaining to year 2022 is in existence. This Court, only on the premises that Nirmal Kumar Singh is going to retire on 30.6.2025 and further according to the transfer policy of 2022 there is a ban on transfer if any employee is going to retire within one year, allowed the writ petition of Nirmal Kumar Singh. Review Petitioner D.K. Chandel, who was arrayed as respondent No.5 in WPS No.7971 of 2024 filed by petitioner Nirmal Kumar Singh was not noticed by this Court and relying upon the submission made in WPS No.7971 of 2024 as also the transfer policy annexed as Annexure P7 in that writ petition, passed the order dated 6.12.2024 allowing the writ petition. It is pertinent to mention the fact here that the order dated 6.12.2024 was challenged by present review petitioner D.K. Chandel in an appeal, being Writ Appeal No.10 of 2025 and a Division Bench of this Court, vide order dated 16.1.2025, has dismissed the writ appeal as withdrawn, however, present review petitioner D.K. Chandel was granted liberty to file a review petition as he was not noticed before passing of order dated 6.12.2024 and the instant review petition has been filed.
3. Learned counsel appearing for review petitioner D.K. Chandel submits that Nirmal Kumar Singh who was the petitioner in WPS No.7971 of 2024 has suppressed the material fact that there is no existence of transfer policy of the year 2022. The said transfer policy dated 12.8.2022 was only for a period of one year and secondly review petitioner D.K. Chandel has already joined his transferred place at Bemetara on 3.12.2024 while assuming charges. However, the said fact was not brought by Nirmal Kumar Singh in WPS No.7971 of 2024 and after passing of the order dated 6.12.2024 he has again joined at Bemetara on 9.12.2024. This way, Nirmal Kumar Singh has misled the Court and while suppressing the material facts has obtained the order dated 6.12.2024 in his favour. Reliance was placed upon a judgment of the Hon’ble Supreme Court in the case of Ramjas Foundation and another v. Union of India and others, (2010) 14 SCC 38.
4. Learned counsel appearing for respondent No.5 herein Nirmal Kumar Singh on advance copy has submitted that no material fact has been suppressed by him and relying upon the ground that the petitioner is going to be superannuated on
A party must approach the court with clean hands; suppression of material facts disqualifies them from obtaining relief.
Transfers in public service can be made on administrative grounds without detailed justification, provided they do not violate statutory rules or are made in bad faith.
Burden of proving mala fides in transfer orders is high; transfers made in public interest are generally not subject to judicial intervention unless proven arbitrary.
Point of Law : High Court, as a Court of record, has a duty to itself to keep all the records correctly and in accordance with law.
The transfer of employees is considered an administrative matter subject to limited judicial review; only valid grounds, such as mala fides or violations of statutory provisions, warrant interference....
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
Disciplinary proceedings cannot stand if the charges are identical to those in a criminal case where the accused has been acquitted, emphasizing the need for full disclosure of material facts in judi....
Judicial review of administrative actions is limited; transfers and suspensions are permissible unless proven to be mala fide or against established guidelines.
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