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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Shishpal Singh – Appellant
Versus
Union of India And Anr – Respondent
JUDGMENT (oral)
1. Vide the present petition, petitioner is seeking directions to respondent No.2 to stay the impugned transfer order dated 09.02.2023 qua the petitioner, i.e. Insp/GD Shishpal Singh, Force No.025261652, vide which he has been transferred to 182 Bn. in contravention of software based transfer policy issued by the respondent No.2; to allow the petitioner to give his choice of posting in new summer chain transfer 2024 and till then, petitioner be allowed to give his service at his present place of posting.
2. Learned counsel for respondents, who is appearing on advance notice, submits that the Summer Chain Transfer has been done through SANTOS (System For Annual Transfer Over Software) and while considering the muster of an individual, various things are taken into consideration such as para 6(b) and para 8(b) Standing Order-04/2022 dated 27.09.2022 which are reproduced as under:
6 (b) Hardship score for transfer will be based on the location of unit/establishment HQr at a particular place. The hardship score is liable to be changed depending upon the operational and other administrative consideration of the particular area. The points for home posting will be reduce
The court emphasized that while transfer/posting is not in the domain of courts, it directed the respondents to clarify the transfer process and reasons for the petitioner's posting not being suggest....
The administrative prerogative power of transfer and the limited scope of court interference in transfer orders made in public interest and for administrative reasons.
The main legal point established in the judgment is that transfer orders must be in compliance with the relevant Standing Orders, and in cases of medical grounds, the authorities must consider the pe....
The main legal point established in the judgment is the importance of considering medical grounds for transfer and the need for fair monitoring of inter-zonal transfers as per the CRPF transfer polic....
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
Prompt decision on representation and communication of reasoned order by the respondents.
The main legal point established in the judgment is that transfer orders made in public interest and for administrative reasons, with proper justification and grounds provided by the authorities, sho....
Transfer of employees is a condition of service under established policies; courts limit interference to cases of mala fides or statutory violations.
The court ruled that transfer orders must be justified and not arbitrary, especially when they impact an employee's career advancement.
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