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RAJIV SAHAI ENDLAW, AMIT BANSAL
Umesh Chandra Singh – Appellant
Versus
Union Of India & Ors – Respondent
JUDGMENT
Amit Bansal, J. - C.M. No. 12960/2021 (for exemption)
1. Allowed, subject to just exceptions and as per extant rules.
2. The application stands disposed of.
L.P.A 139/2021 with C.M. No. 12961/2021(for ad interim stay), C.M. No. 12962/2021(for seeking leave to file lengthy synopsis and lengthy list of dates) & C.M. No. 12963/2021(for placing on record additional documents)
1. The present intra Court appeal impugns the judgment dated 4th January, 2021, passed in W.P.(C) No. 9039/2020 and order dated 5 th March, 2021, passed in review petition no. 18/2021 in W.P.(C) No. 9039/2020. Vide the impugned judgment, the learned Single Judge has dismissed the writ petition filed by the appellant against the transfer order dated 22nd October, 2020 passed by the respondents, transferring the appellant to National Thermal Power Corporation (NTPC) Kudgi, Karnataka for being posted in the Safety Department of the respondent. Subsequent review petition filed by the appellant for the review of the aforesaid impugned judgment has also been dismissed by the learned Single Judge vide order dated 5th March, 2021.
2. The appellant was offered appointment to the post of Scientist at E4 level on 22nd M
The main legal point established is that the employer's right to transfer employees as per administrative requirements and the limited scope of interference by the Courts in transfer matters, unless ....
An employee's transfer is justified under employment terms, and courts have limited grounds to interfere unless mala fides or statutory violations are established.
Administrative transfers are valid if justified by exigency and do not violate policy; employees cannot claim a right to remain in a specific post.
The Court's decision emphasized that in the absence of mala fides or policy violations, challenges to routine transfer orders should be minimal, and the employer has the prerogative to decide how to ....
Judicial review of transfer orders is limited to cases of mala fides or clear policy violations; routine administrative transfers do not warrant intervention.
Transfer orders within a company are administrative decisions that can be contested only on grounds of mala fides or clear policy violations, not merely for causing personal inconvenience.
Statutory transfer powers under Rule 226 IREC prevail over policy guidelines; no interference with administrative exigency transfers absent mala fides, despite tenure/policy deviations or personal ha....
Transfer orders can only be challenged if issued with mala fides or in violation of statutory provisions; compliance with transfer policy is essential.
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