SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1993 Supreme(All) 704

R.A.SHARMA
Vijay Kumar Saxena – Appellant
Versus
Dy. Director of Education, III Region – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Raj Kumar Jain, adv

JUDGMENT :

R.A. Sharma, J.

Petitioner, who claims to be Senior clerk in the office of District Inspector of Schools, Badaun, has filed this writ petition challenging the order of his transfer, from Badaun to Pilibhit, on the same post and in the same pay scale.

2. Learned Counsel for the petitioner has made three submissions in support of the writ petition, viz. (i) The petitioner is the Secretary of U.P. Educational Ministerial Officers Association and in view of the Government policy decision an office-bearer of an Association is not liable to be transferred; (ii) the order of transfer has been passed on the ground of malafide and (iii) the impugned order does not contain any reason as to why the petitioner has been transferred. It is not possible to agree with the learned Counsel.

3. Even if it is presumed that the petitioner is office-bearer of some association and there is Government policy decision laying down that no office-bearer of an Association should be transferred, this Court cannot interfere in view of a decision of Supreme Court in the case of Mrs. Shilpi Bose and others Vs. State of Bihar and others, AIR 1991 SC 532, where in it was held that if the transfer order has b




Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top