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L. NAGESWARA RAO, B. R. GAVAI
X – Appellant
Versus
Registrar General, High Court Of Madhya Pradesh – Respondent
JUDGMENT :
B.R. GAVAI, J.
1. The petitioner has approached this Court in the instant writ petition filed under Article 32 of the Constitution of India seeking the following reliefs:
b. Issue an appropriate writ, order or direction in the nature of mandamus declaring that the Petitioner's resignation from the post of Additional District Judge VIII, Gwalior dated 15.07.2014 amounts to constructive dismissal due to the employer's conduct which applies in the Statutory context where the term "Dismissal/dismissed" is used;
c. Issue an appropriate writ, order or direction in the nature of mandamus directing the reinstatement of the Petitioner as an Additional District and Sessions Judge from the date of her resignation i.e. 15.07.2014, with continuity in service at S.No 134 of the list of District Judges(S
(1) Transfer Policy incorporated by MP High Court is only a set of Guidelines for internal administration of District Judiciary issued by MP High Court – However, while exercising its functions on ad....
The main legal point established in the judgment is the importance of following the transfer policy and statutory provisions in making transfer decisions, and the binding nature of policies framed by....
Judicial intervention in transfer matters is warranted when decisions violate established transfer policies and principles of fairness, ensuring no arbitrary actions by authorities.
Judicial review of transfer orders is limited; absence of a defined transfer policy renders such orders arbitrary, necessitating formulation of a policy.
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
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