Back
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR
Naseem Uddin – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
1. Heard on the question of admission.
2. This writ petition has been filed by the petitioner, who is posted as Incharge Assistant Controller, Legal Metrology, Ratlam, under Article 226 of the Constitution of India, seeking the following reliefs:-
“A. The present writ petition may kindly be allowed.
B. Issue appropriate writ, direction or order and quash the impugned order dated 13/03/2025 (ANNEXURE P/1) passed by Respondent no.02 and impugned order dated 17/03/2025 (ANNEXURE P/2) passed by Respondent no.03 for being in the teeth of Article 14 and 15 of the Constitution of India.
C. Issue appropriate writ, direction or order calling for records of impugned order dated 13/03/2025 and Annexure P/4, for quashing the same.
D. Issue appropriate writ, direction or order holding that the impugned order dated 13/03/2025 (ANNEXURE P/1) is patently illegal and smacks of malafide.
E. That any other relief which this Hon’ble Court may deem fit may also be kindly given to the Petitioner.”
3. The petitioner is aggrieved of the order of transfer dated 13.03.2025, whereby he has been transferred from Ratlam to Chhindwara on the said post of In-charge Assistant Controller, Legal Metrology. The peti
A transfer order, absent malafide intent or clear violation of statutory provisions, is not subject to judicial interference.
Judicial review of transfer orders is limited; transfers are valid unless proven to be made in mala fides or in violation of statutory provisions.
The court affirmed that transfer orders are administrative decisions and should not be interfered with unless proven to be arbitrary or in violation of statutory provisions.
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.
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 transfer was not punitive, and the transfer policy did not confer a legally enforceable right.
Transfer orders in public service are valid unless proven mala fide or in violation of statutory provisions.
Point of Law : Employment and Service matter - Order of Transfer quashed - Since recommendations to transfer petitioner had been mooted by an extra constitutional authority, who has no role in the fu....
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
