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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Prof. (Dr) Basudeb Das, son of Late Sudha Krishna Das – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. This writ petition is under Article 226 of the Constitution of India wherein the order passed by the learned Central Administrative Tribunal, Patna (Ranchi Bench) dated 14.02.2024 passed in O.A./051/00927/2023 has been assailed whereby and whereunder the prayer of the petitioner for quashing of order of transfer dated 28.11.2023 as contained in order no. C-13011/5/2023-CHS-III, issued under the signature of Under Secretary, Ministry of Health and Family Welfare, Govt. of India, (CHS Division) and relieving order dated 28.11.2023 as contained in Memo No.A.12020/1/2006-ESTT, issued under the signature of Director, Central Institute of Psychiatry, Ranchi has been rejected.
Further direction has been sought for quashing of order of transfer dated 28.11.2023 as contained in order no. C-13011/5/2023-CHS-III, issued under the signature of Under Secretary, Ministry of Health and Family Welfare, Govt. of India, (CHS Division) whereby the petitioner has been transferred from Central Institute of Psychiatry, Ranchi to G.N.C.T., Delhi.
Prayer has also been made for quashing of office order dated 28.11.2023 as contained in Memo No.A.12020/1/2006-ESTT, issued under the signature of Di
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
The transfer order based on allegations should be followed by a detailed investigation and disciplinary action, and the individual should be provided an opportunity to defend against the allegations ....
The court affirmed that transfer of a government employee is a necessary incident of service, with limited grounds for judicial review, primarily focusing on administrative necessity without proof of....
The main legal point established in the judgment is that the transfer of the petitioner was upheld based on public interest and administrative exigencies, in accordance with the CSIR guidelines for t....
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