Back
G. S. AHLUWALIA
SUNIL DATT CHATURVEDI – Appellant
Versus
STATE OF Madhya Pradesh – Respondent
ORDER :
1. This petition under Article 226 of Constitution of India has been filed against order dated 28-7-2023 passed by respondent No. 1 by which the petitioner has been repatriated from the post of Registrar, Maharaja Chhatrasal Bundelkhand University, Chhatarpur and has been transferred to Government College, Niwas, District Mandla.
2. It is the case of petitioner that he is an employee of Department of Higher Education, Government of Madhya Pradesh. Initially he was appointed as Assistant Professor (Physics) in the department of Higher Education Government of Madhya Pradesh. By order dated 1-1-2006, he was promoted to the post of Professor (Physics). Since, then the petitioner is working on the post of Professor (Physics). He has put in more than 36 years of blotless service to the respondent/ State. The petitioner was posted as Professor (Physics) in Government Maharaja Autonomous Post Graduate College, Chhatarpur. The said college was transferred to Maharaja Chhatrasal Bundelkhand University, Chhatarpur vide order dated 24-9-2021. On account of transfer of the said college to the University, the petitioner was treated to be posted on deputation in Government Maharaja Chhatras
Burden of proving mala fides in transfer orders is high; transfers made in public interest are generally not subject to judicial intervention unless proven arbitrary.
Employment and Service matter - Lecturer in DIET post - Transfers of Petitioner - It is trite that transfer is an incidence of service and as long as the authority acts keeping in view administrative....
Court upheld transfer of university faculty under administrative grounds, affirming limited scope for judicial review in administrative transfer matters.
Transfer of employees is an essential condition of service governed by administrative exigencies, and courts should exercise restraint in interfering with such orders unless they are proven to be ill....
Legal malice is insufficient to challenge a transfer order unless clear procedural violations or malafide intentions can be proven.
A transfer order executed without adhering to due process is deemed punitive and illegal, impacting the employee’s rights and entitlements.
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
