AI Overview...
- Awaiting Posting Order (APO) - Main points and insights:
- APOs cannot be issued arbitrarily or in violation of rules, especially if issued without proper reasons, urgency, or necessary permissions (01700070414).
- Such orders must comply with established legal and procedural requirements; otherwise, they are liable to be quashed by courts (INDRAJ00000010869, 01700068901).
- APOs issued solely based on political considerations or without administrative justification are deemed illegal and can be challenged successfully (01700025121).
- Courts have consistently held that APOs lacking proper communication of reasons or issued in violation of rules are invalid and can be set aside (01720093404, 01700068901).
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The State's failure to timely issue posting orders can lead to legal liability, and such delays are scrutinized by courts (00800054155, 00800054461).
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Disciplinary Action and APOs - Main points and insights:
- Disciplinary proceedings against government servants should be initiated if any misconduct is alleged; APOs cannot substitute disciplinary measures (01700070414, 01720093404).
- Issuing transfer or APOs during disciplinary proceedings, especially with mala fide or vindictive intent, renders such orders illegal (00900034381).
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Disciplinary actions require proper procedural adherence; APOs issued without proper cause or in violation of rules can be challenged and quashed (01700070414).
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Court Findings and Legal Principles:
- Courts have quashed APOs that do not meet legal standards, especially those issued without reasons, in violation of rules, or influenced by extraneous considerations (INDRAJ00000010869, 01700068901).
- Delay in issuing posting orders by the State can be a ground for judicial intervention, emphasizing the importance of timely administrative action (00800054155, 00800054461).
- APOs issued for political or arbitrary reasons are illegal, and courts have protected government servants from such orders (01700025121).
Analysis and Conclusion:
Awaiting posting orders cannot be passed arbitrarily or as a substitute for disciplinary action. Such orders must adhere strictly to procedural rules, be supported by valid reasons, and not be influenced by extraneous factors like political considerations. Courts have consistently held that APOs issued without proper justification, in violation of rules, or during disciplinary proceedings with mala fide intent are illegal and liable to be quashed. Timely issuance of posting orders is a legal obligation of the State, and delays can lead to judicial scrutiny. Overall, APOs are not a tool to bypass disciplinary procedures or administrative norms but must be issued within the framework of established rules and principles.
Search Results for "Awaiting Posting Order can Not be Passed on Disciplinary Action"
2024 0 Supreme(Raj) 1597 • India - Rajasthan
VINIT KUMAR MATHUR
(A) Rajasthan Services Rules, 1951 - Rule 25A - Awaiting posting orders - The awaiting posting order was ... posting orders should not be used as a substitute for transfer orders and must comply with established rules and regulations. ... passed in violation of the ban imposed by the State Government, lacking urgency and necessary permissions. ... If a Government Servant has committed any wrong then the appropriate disciplinary #HL_....
2025 0 Supreme(Raj) 1752 • India - High Court of Rajasthan (Jodhpur Bench)
ARUN MONGA
(A) Rajasthan Service Rules, 1951 - Rule 25-A - Awaiting Posting Orders (APO) - Petitioners challenged their placement under APO ... Posting Orders (APO) without proper reasons, leading to claims of humiliation and arbitrary treatment. ... action, and must be justified with explicit reasons - Orders set aside due to lack of communicated reasons. ... If a Government Servant has committed any wrong then the appropriate disciplinary action is required to be initiated against that person i....
2024 Supreme(Online)(RAJ) 26835 • India - High Court of Rajasthan (Jodhpur Bench)
MR. JUSTICE VINIT KUMAR MATHUR, J
... ... Findings of Court: ... The awaiting posting order was quashed as it did not comply with the necessary legal requirements. ... (A) Rajasthan Services Rules, 1951 - Rule 25A - Awaiting posting orders - The court held that awaiting posting orders cannot be issued ... ... ... Issues: The main issues were whether the awaiting posting order was justified under the ban and if it adhered to th....
2024 0 Supreme(Raj) 769 • India - Rajasthan
VINIT KUMAR MATHUR
Result: The writ petition is allowed, quashing the awaiting posting order and relieving order. ... Transfer - Awaiting Posting Order - Rajasthan Medical and Health Service Rules, 1963; Rajasthan Service ... Finding of the Court: The court found that the awaiting posting order was issued in ... If a Government Servant has committed any wrong then the appropriate disciplinary action#HL_E....
2008 0 Supreme(Cal) 370 • India - Calcutta
SAILENDRA PRASAD TALUKDAR
The transfer order was issued while a disciplinary proceeding against the Assistant Commandant was pending before the court and his ... The court found that the transfer order was issued while a disciplinary proceeding against the petitioner was pending before the ... The court held that the transfer order was issued mala fide and with a vindictive intention as it was issued while a disciplinary ... During the course of such disciplinary proceedings, the petitioner fi....
2008 0 Supreme(Mad) 3148 • India - Madras
S.MANIKUMAR
Issues: The main issue was whether the petitioner was entitled to salary and benefits for the period he was awaiting posting ... posting orders after completing a B. ... : The petitioner, a Pharmacist, sought salary and service benefits for the period from 1989 to 1995, during which he was awaiting ... No. 596 of 1995, passed an order directing the respondents therein to give posting in any one of the existing vacancies. ... By letter dated 23. 1995 the learned seni....
2022 0 Supreme(Pat) 1073 • India - Patna
P. B. BAJANTHRI, PURNENDU SINGH
that the State failed to take timely action in providing a posting order to the respondent, and therefore, did not make out a case ... Finding of the Court: The court found that the State failed to take timely action in providing a posting order to the ... Ratio Decidendi: The court's decision was influenced by the State's failure to take timely action in providing a posting order ... Even assuming that it was c....
2022 0 Supreme(Pat) 1145 • India - Patna
P. B. BAJANTHRI, PURNENDU SINGH
Finding of the Court: The court found that the State had not taken timely action in providing a posting order to the ... The court found that the State had failed to take timely action in providing a posting order to the respondent, and there was no ... Ratio Decidendi: The court's decision was influenced by the State's failure to take timely action in providing a posting order ... Even assuming that it was comm....
2010 0 Supreme(Raj) 2020 • India - Rajasthan
GOVIND MATHUR
226 – In present case petitioner was kept awaiting posting order only on will on political organisations ... to appoint him as L.D.C at office where he was working prior to passed order – Court allowed the petition and quashed the order. ... but not for administrative purposes – Court held it was illegal as it was without reasonable cause and also directed the Government ... If the respondents want to initiate disciplinary action ag....
2011 0 Supreme(All) 254 • India - Allahabad
SUNIL AMBWANI, JAYASHREE TIWARI
order passed against the petitioner to treat the period after the break of service of qualify pension, not amount to punishment, ... for which any disciplinary enquiry required to be held. ... without any justification—Petitioners representation for regularising the break in service was considered and decided by a reasoned order—The ... The petitioner filed a Writ Petition No. 72244 of 2005 in which an interim order was passed on 24.10.2005 not to ta....
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