Back
HIGH COURT OF CHHATTISGARH AT BILASPUR
Amitendra Kishore Prasad
D.k. Chandel S/o P. L. Chandel – Appellant
Versus
State of Chhattisgarh Through The Secretary, Government Of Chhattisgarh Public Works Department – Respondent
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 S
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.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
