Back
VIJAY BISHNOI, SUMAN SHYAM
Central Board of Secondary Education, through its Chairman – Appellant
Versus
Jagadish Barman, S/o. Lt. Rupcharan Barman – Respondent
JUDGMENT :
(Vijay Bishnoi, CJ.) :
1. This writ petition is filed by the petitioners being aggrieved with the order dated 30.07.2024 passed by the Central Administrative Tribunal (hereinafter to be referred as ‘Tribunal’), Guwahati Bench in O.A. No.163/2024 and Misc. Application No.81/2024 whereby the Tribunal has allowed the O.A. filed on behalf of the respondent No.1 herein (hereinafter referred to be as the private respondent) and has interfered with the transfer order of 02.07.2024 qua the private respondent and has directed the petitioners to allow the private respondent to continue in his current posting as Joint Secretary (Head, Centre of Excellence) CBSE, Guwahati.
2. The relevant brief facts of the case are that the private respondent was working as Assistant in the Assam University since 1994. However, he joined All-India Service of Central Board of Secondary Education (hereinafter to be referred as “CBSE”) in the year 2002 on the post of Section Officer. Later on, he was promoted as Assistant Secretary, Group A on 14.02.2011 and he was further promoted on 23.02.2018 to the post of Deputy Secretary (Regional Officer) at the Regional Office, Patna. It is to be noticed that si
Transfers of government employees cannot be interfered with unless proven to be mala fide or in violation of statutory provisions; administrative exigencies govern such decisions.
The court ruled that transfer orders are administrative decisions and can only be interfered with if proven mala fide or in violation of statutory provisions.
Transfers within service are at discretion of authorities based on administrative needs, not strictly bound by service tenure 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
