IN THE HIGH COURT OF MANIPUR AT IMPHAL
AHANTHEM BIMOL SINGH
Heikrujam Debeswar Singh – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
AHANTHEM BIMOL SINGH, J.
[1] Heard Mr. H.S. Paonam, learned senior counsel assisted by Mr. Sushruta, learned counsel appearing for the petitioner; Mr. S. Nepolean, learned GA assisted by Mrs. R.K. Emily, learned Deputy GA appearing for the respondents No. 1 and 2 and Mr. N. Ibotombi, learned senior counsel assisted by Mr. Ningtamba, learned counsel appearing for the respondent No. 3. None appeared for the respondent No. 4, despite service of notice.
The present writ petition has been filed with the prayer for quashing and setting aside the impugned transfer order dated 27-03-2025 in respect of the petitioner and the private respondent No. 3 only.
[2] Mr. H.S. Paonam, learned senior counsel appearing for the petitioner raised the following grounds in assailing the impugned transfer order:-
(i) The impugned transfer order had been issued by the authorities arbitrarily and with malafide intention to oust the petitioner from his present place of posting in order to bring another person of their choice; and (ii) The impugned transfer order had been issued in violation of the transfer policy of the State Government as notified on 12-05-2022 and as such, the impugned transfer order i
Union of India & ors. Vs. S.L. Abbas
State of UP & ors. Vs. Gobardhan Lal
Somesh Tiwari Vs. Union of India & ors.
National Hydroelectric Power Corporation Ltd. Vs. Shri Bhagwan & anr.
Transfer orders in public service are subject to statutory guidelines, but courts refrain from interfering unless allegations of mala fides are substantiated or statutory violations are clear.
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....
Point of Law : Transfer of a public servant made on administrative grounds or in public interest should not be interfered with unless there are strong and pressing grounds rendering the transfer orde....
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....
Transfer policies are directory, not mandatory, and courts will not interfere unless there is clear malafide or statutory violation.
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....
Judicial review of transfer orders is limited; transfers are valid unless proven to be made in mala fides or in violation of statutory provisions.
Administrative transfers are within the authority's discretion, and employees have no vested right to remain posted at a specific location. The court emphasized that administrative transfers are esse....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.