(A) Constitution of India, Article 14 and 226 – Service Law – Transfer – Challenge as to – UO Note dated 28.02.2023 written by the MLA specifying the administrative exigency and public interest in posting the appellant on the post of DDSE, Leparada – The said UO Note has been examined and competent authority has exercised its discretion in favour of the appellant, and the respondent No. 5 has been retained on the same post in the same district in same status which he was holding prior to order of transfer dated 15.11.2022 un-affecting his salary – Modified order dated 20.04.2023 was passed prior to effective period during which respondent no. 5 was directed to join i.e., in the last part of April, 2023 – Order of transfer dated 20.04.2023 modifying the previous order dated 15.11.2022 has been issued in public interest after due application of mind and without any malafide intentions -Plea of malafide against transferring authority has not been agitated by respondent even before this Court or the High Court -Impugned transfer order is also not alleged to be violative of any prescribed statutory provision – Held that High Court, interference as made by the Division Bench setting aside the well-reasoned judgment of the Single Judge is not justified merely on the unsubstantiated pretext that the proposed modification is arbitrary or without application of mind for the sole reason that it was mooted by the MLA – Division Bench has committed an error in setting aside the judgment of the learned Single Judge – Judgment and order passed by the Division Bench of the High Court liable to be set aside, restoring the order dated 11.07.2023 of the learned Single Judge. (Para 11 to 14)
(B) Constitution of India, Article 14 and 226 – Service Law – Judicial review of transfer of employee – Held that in absence of (i) pleadings regarding malafide, (ii) non-joining the person against whom allegation are made, (iii) violation of any statutory provision (iv) the allegation of the transfer being detrimental to the employee who is holding a transferrable post, judicial interference is not warranted – In the sequel of the said settled norms, the scope of judicial review is not permissible by the Courts in exercising of the jurisdiction under Article 226 of the Constitution of India. (Para 10)
SUPREME COURT OF INDIA
2024 STPL(Web) 165 SC
[2024 INSC 200]
Sri Pubi Lombi Vs. State Of Arunachal Pradesh
Civil Appeal No. 4129 of 2024 (Arising Out of Special Leave Petition (C) No. 22074 of 2023)-Decided on 13-03-2024
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