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1995 Supreme(P&H) 620

M.L.KOUL, G.S.SINGHVI
Rajinder Singh – Appellant
Versus
State Of Punjab Through The Secretary To The Government Punjab, Local Government Department – Respondent


Judgment

G.S.Singhvi, J.

1. The point which needs determination in this writ petition is - whether the Government/competent authority is required to hold an inquiry or give an opportunity of hearing to an employee before effecting his transfer on the basis of a complaint.

2. A learned Single Judge of this Court felt that the view taken by this Court in Jagdish Chander v. State of Haryana, 1991(1) RSJ 285, and the observations made in N.S. Bhullar v. State Electricity Board, 1991(1) SLR 378 do not represent the correct position of law. He, therefore, directed on 8.6,1991 that this case be placed before a larger Bench and this is how the matter has come before us for decision.

3. A brief reference to the facts of the case is essential before we express our opinion on the point enumerated in the order of the learned Single Judge. The petitioner had joined service as Trust Executive Officer Class-I and has retired w.e.f. 30.4.1992 after having served various Improvement Trusts in the State of Punjab. In the year 1990, he was transferred from Improvement Trust, Ludhiana to Municipal Committee, Gurdaspur vide order dated 3.10.1990. That order was made subject-matter of challenge in Civil
















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