S. N. PATHAK
Shashi Bhushan Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S. N. Pathak, J.
Heard the parties.
2. Petitioner has approached this Court with a prayer for quashing the Notification dated 15.03.2024, issued under the signature of Deputy Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, Dhurwa, Ranchi.
3. From the order dated 21.03.2024, it appears that status quo as on date was directed to be maintained in view of the fact that petitioner was not relieved from the post and was still working and the notification dated 15.03.2024 was not given effect in view of Code of Conduct issued by the Election Commission.
4. As per factual matrix, petitioner was appointed on the post of Revenue Clerk in the year 1990 and later on promoted to the post of Circle Inspector – cum – Kanoongo and thereafter to the post of Circle Officer. After his promotion as a Circle Officer, petitioner was initially posted as Circle Officer, Churchu (Hazaribagh) vide Notification NO. 02, dated 25.02.2021, issued from the Department of Revenue, Registration and Land Reforms, Government of Jharkhand. After two years of his initial posting, he was transferred to Hazaribagh Sadar vide notification dated 26.10.2023. Within a span of t
B. Vardha Rao Vs. State of Karnataka and others (1986) 4 SCC 131
Dr. Nagorao Shivaji Chavan Vs. Dr. Sunil Purushottam Bhamre and others (2019) 13 SCC 788
E.P. Royappa Vs. State of T.N. (1974) 4 SCC 3
Election Commission of India Vs. All India Anna Dravida Muneratra Kazhagam 1994 Supp2 SCC 689
Mohinder Singh Gill Vs. Chief Election Commissioner (1978) 1 SCC 405
Transfer orders in public service are valid unless proven mala fide or in violation of statutory provisions.
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....
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 court emphasized that transfer orders should not be interfered with unless they are shown to be vitiated by malafide or made in violation of any statutory provision or issued by an incompetent pe....
Transfers should be made based on genuine public interest and administrative exigencies, and not on extraneous considerations or recommendations of elected representatives.
The main legal point established in the judgment is that the issue of transfer is a prerogative of the employer, and the courts cannot interfere with transfer orders made on administrative grounds un....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.