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A. K. JAYASANKARAN NAMBIAR, MOHAMMED NIAS C. P.
S. KRISHNAKUMAR S/O R. SUKUMARAN NAIR – Appellant
Versus
STATE OF KERALA – Respondent
Headnote: Read headnote
JUDGMENT :
A.K. JAYASANKARAN NAMBIAR, J.
“If in every case where an order of a subordinate court is found to be faulty a disciplinary action were to be initiated, the confidence of the subordinate judiciary will be shaken and the officers will be in constant fear of writing a judgment so as not to face a disciplinary enquiry and thus judicial officers cannot act independently or fearlessly.”
[Ishwar Chand Jain vs. High Court of Punjab and Haryana and Another, (1988) 3 SCC 370]
1. The appellant before us is the Principal District and Sessions Judge at Kozhikode, and he is aggrieved by the judgment dated 01.09.2022 of a learned Single Judge who dismissed his writ petition that impugned an order transferring him from the post of Principal District and Sessions Judge, Kozhikode to the post of Presiding Officer, Labour Court, Kollam.
2. The appellant states that he was posted as the Principal District and Sessions Judge at Kozhikode with effect from 01
Reputation of an employee, as perceived by his fellow employees in the service, is an important aspect of his dignity, which as a fundamental right traceable to Article 21 of the Constitution, has to....
An order of transfer cannot be effected as a mode of punishment and cannot be on stigmatic grounds.
Transfer of government employees is an administrative prerogative; courts will only intervene in cases of malafides or statutory violations.
Transfer orders made in the interest of administrative exigency are generally not subject to judicial interference unless proven to be mala fide or in violation of statutory provisions.
Transfer of under-trial prisoners requires judicial reasoning and fair procedure; arbitrary transfers violate rights and must be quashed.
Transfer orders are valid under administrative exigency unless proven malicious or in violation of statutory provisions.
Judicial review of transfer orders is limited; transfers are valid unless proven to be made in mala fides or in violation of statutory provisions.
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