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SANGEETA CHANDRA
Sanjay Kumar Singh – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. The petitioner has challenged the order dated 13.07.2020 passed by State Radio Officer (Administration), U.P. Police Radio Headquarter, Mahanagar, Lucknow, as well as the relieving orders dated 14.07.2020 and 15.07.2020 passed by Radio Inspector, Gyanvapi, Varanasi. The petitioner has also challenged the order dated 07.10.2020 passed by Additional Director General of Police (Telecom), Uttar Pradesh, Lucknow.
2. It has been argued by the learned counsel for the petitioner that the petitioner was working on the post of Head Operator (Mechanic) in U.P. Police Radio Department and was posted in District Mau from July, 2001 to July, 2019. The petitioner made a request for his transfer to Varanasi because his mother was being treated at Varanasi. The petitioner was transferred from District Mau to District Varanasi on 8.7.2019 by the Competent Authority i.e. Deputy Inspector General of Police (Telecom), U.P. Police Radio Headquarter, Mahanagar, Lucknow.
It has been argued that while the petitioner was working in Mau, he had made a complaint against his higher officials alleging personal animosity with the petitioner. When the petitioner had made application for transfer from D
The main legal point established in the judgment is the authority of the Police Radio Establishment Board to consider and approve transfer orders for subordinate officers of the Police Radio Establis....
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 court considered the principles of Karma and the reformative theory of punishment in balancing disciplinary action with the well-being of the petitioner, a police officer.
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....
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
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 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....
Transfers are service incidents; must join posting first; no judicial interference absent mala fides or statutory violation.
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