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SUPREME COURT OF INDIA
J. K. Maheshwari, J
SRI PUBI LOMBI – Appellant
Versus
THE STATE OF ARUNACHAL PRADESH – Respondent
| Table of Content |
|---|
| 1. challenges to transfer orders require clear grounds for judicial intervention. (Para 2 , 3 , 4) |
| 2. malafide intent must be substantiated to challenge transfer decisions. (Para 5 , 6 , 7) |
| 3. judicial review scope is confined to specific legal grounds. (Para 8 , 9 , 10) |
| 4. transfer orders are upheld unless proven arbitrary or unjustified. (Para 11 , 12 , 13 , 14) |
JUDGEMENT
1. Leave granted.
3. Writ Petition (Civil) No. 199 (AP) 2023 was filed before the High Court by respondent No. 5 herein challenging the modified order of transfer dated 20.04.2023. Learned Single Judge dismissed the writ petition in absence of having any allegation of malafide, being transfer is one of the ingredients of the service. The relevant part of the said order is reproduced as thus: -
Accordingly, even if the respondent authorities had modified the earlier order of transfer, dated 15.11.2022, issued by the Commissioner (Education), Government of Arunachal Pradesh, Itanagar, vide the impugned order, dated 20.04.2023, issued by the Commissioner (Education), Government of Arunachal Pradesh, Itanagar, acting on the U.O. Note, dated 28.02.2023, put up by the Member of Legislative Assembly, 29- Basar
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