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SANJAYA KUMAR MISHRA, SANJAY KUMAR DWIVEDI
Mohan Prasad Yadav – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
Sanjay Kumar Dwivedi, J.
1. The present intra-court appeal has been preferred being dissatisfied by the judgment dated 23.12.2022 passed by the learned Single Judge in W.P.(S) No.5954 of 2022, whereby, he has been pleased to dismiss the writ petition.
2. The writ petition was filed praying therein to quash the order dated 23.11.2022 passed by the Additional Director General of Police, Jharkhand Armed Police, Ranchi (respondent no.4), whereby, the writ petitioners have been transferred to vacant posts of other battalions. The prayer was also made for quashing the order dated 26.11.2022 passed by the Commandant, Jharkhand Armed Police-4, Bokaro (respondent no.4), whereby, the petitioners have been directed to be relieved from their present places of posting and thereupon to report in the office of respondent no.5.
3. The writ petition was filed stating therein that all the petitioners were appointed on the post of 'Constable' in the year 2006, in pursuant to Advertisement No. 01/04 in Jharkhand Armed Police-4, Bokaro, and were allotted their respective Brass Nos. The petitioners are at present working at different places within the state of Jharkhand, as per orders of the departm
The transfer of an employee is an essential condition of service, and the matters of transfers are best left to the discretion of the competent authority, in the absence of a demonstrable violation o....
Act of 2007 is a citizen centric Act, whereas Rules of 1989, promulgated in exercise of powers under Article 309 of Constitution of India, are substantive provisions dealing with service conditions o....
Point of law: Public orders, publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, ....
Transfer orders in public service are valid unless proven mala fide or in violation of statutory provisions.
Administrative decisions affecting service positions must adhere strictly to the principles of natural justice, comply with existing judicial orders, and be founded on lawful premises.
Transfer policies are directory, not mandatory, and courts will not interfere unless there is clear malafide or statutory violation.
The main legal point established in the judgment is the consequences of concealing material facts and the voluntariness of the petitioners' applications to work in RPF as Constables in Kashmir Valley....
Administrative transfers are within the authority's discretion, and employees have no vested right to remain posted at a specific location. The court emphasized that administrative transfers are esse....
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