Back
SUMAN SHYAM
Binay Kumar Diwana, Son Of Sri Shreekrishna Chaurasia – Appellant
Versus
Union Of India Represented By The Secretary (Power), Shram Shakti Bhawan, Rafi Marg, New Delhi, Delhi – Respondent
JUDGMENT :
1. Heard Mr. P.P. Baruah along with Mr. D. Goswami, learned counsel appearing for the writ petitioner. Also heard Mr. P.K. Tiwari, learned senior counsel assisted by Mr.A.R. Gogoi, learned counsel for the respondent nos. 2 to 5 and the applicants in IA(C) 1026/2023. None has appeared for the respondent no. 1. This writ petition has been taken up for disposal at the stage of admission hearing with the consent of the learned counsel for both the sides.
2. The petitioner herein, is working as Manager (Civil) and posted at the Lower Subansiri Hydro Electric Project (HEP) in the district of Dhemaji, Assam. Assailing the transfer order dated 10/03/2023, by means of which, the petitioner was transferred from Lower Subansiri Hydro Electric Project and posted at Baira Siul PS, the instant writ petition has been filed, inter-alia, contending that this is a case of frequent transfer and the transfer order has also been issued with the malafideintent of causing harassment to the petitioner. According to the petitioner’s counsel, his client had been posted at the Lower Subansiri Hydro Electric Project only 13 (thirteen) months back and, therefore, before completion of normal tenure of
The court ruled that transfer orders must be justified and not arbitrary, especially when they impact an employee's career advancement.
The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
Pre-tenure transfers without reasons in order, violating policy, are arbitrary and set aside; post-hoc justifications invalid.
Transfer orders in public service are subject to statutory guidelines, but courts refrain from interfering unless allegations of mala fides are substantiated or statutory violations are clear.
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
