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2002 Supreme(Del) 840

A.K.SIKRI, H.R.MALHOTRA
GURBACHAN SINGH SAWHNEY – Appellant
Versus
UNION OF INDIA – Respondent


S. B. SINHA

( 1 ) WHAT are the parameters of the doctrine of likelihood of bias in a departmental proceeding is the question, which arises for consideration in this writ petition.

( 2 ) FACTS: - the petitioner was a permanent employee of Military engineering Service ( in short, mes ) of the Defence department on 8. 12. 1951 as Upper Division Clerk (in short, udc ). On or about 17. 10. 1974, a policy relating to the transfer of civilian subordinate personnel was laid down in conformity with the principles laid down by the Government of India, Ministry of Defence, O. M. No. 13 (I)/70/d (Apptts) dated 29. 11. 1972, the relevant portion of which are :-

" (5) Enbloc Move of officers/works units. In the exigencies of service situations may arise when officers/works units are - asked to move enbloc to other location. In such cases the personnel to be moved should be selected based on their length of service in the station i. e. the longest stayee (extending tenure expired in tenure stations) should move by making local adjustments.

(6) Longest Stayee. When transfers are inevitable, volunteers will be given preference provided they have served in the station for 2 years. In the absence o
















































































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