Transfer Of Govt Employee Not Vitiated Merely Because It Was Issued At Instance Of MLA : Supreme Court
9 months, 1 week ago

Transfer Of Govt Employee Not Vitiated Merely Because It Was Issued At Instance Of MLA : Supreme Court

Live Law  

The Supreme Court on Wednesday observed that the interference by the court in an order of transfer at the instance of a state employee holding a transferrable position without any violation of statutory provision is impermissible. Reversing the findings of the High Court's Division Bench, the Bench Comprising Justices J.K. Maheshwari and Sanjay Karol, while restoring the findings of the High Court's Single Judge, observed that the transfer order of a state employee issued in the public interest at the instance of a public representative such as the Member of Legislative Assembly by itself would not vitiate the transfer order unless such an order of transfer is malafide or violates statutory provisions. The aforesaid observation in the Judgment authored by Justice J.K. Maheshwari came while deciding a Civil Appeal preferred by one Sri Puri Lombi/Appellant, who was aggrieved by the decision of the Division Bench of Gauhati High Court, whereby the High Court, while interfering with the transfer order issued by the state government at the instance of MLA in public interest, directed the reinstatement of the appellant to the previously transferred place. Aggrieved by the new transfer order issued at the instance of the local MLA, respondent no.5 preferred a Writ Petition before the High Court alleging that the transfer order issued at the instance of the MLA is malafide because there is neither any public interest in issuing such transfer order nor there is any exigency of service, and the transfer order was passed just to discriminate with the appointment of the respondent no.5. However, the High Court's Division Bench overturned the Single Judge Judgment and directed the reinstatement of the appellant and respondent no.5 as per the first transfer order dated 15.11.2022 by holding that the new transfer order was arbitrary and was passed with malafide intention.

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History of this topic

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy
1 month, 1 week ago

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy

Live Law  

The Calcutta High Court on Wednesday reprimanded a lawyer and his juniors for filing an appeal against a single judge order without either a server or certified copy of the order under challenge. A division bench comprising of Justice Hiranmay Bhattacharya had on an earlier occasion allowed the filing of the appeal without the certified copy of the order. On …

SC bench to hear Punjab HC’s criticism of its order
4 months, 2 weeks ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench
6 months, 2 weeks ago

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench

The Hindu  

The Greater Chennai City Police on Thursday, June 6, 2024, filed a sub application before the Madras High Court claiming that Justice G. Jayachandran had agreed with the view taken by Justice P.B. Balaji, in a habeas corpus petition filed against YouTuber ‘Savukku’ Shankar alias A. Shankar’s detention under the Goondas Act, and therefore, the case must now be referred …

Delhi High Court Sets Aside Order Transferring PMLA Case After Judge Said 'ED Matters Me Kaunsi Bail Hoti Hain'
6 months, 3 weeks ago

Delhi High Court Sets Aside Order Transferring PMLA Case After Judge Said 'ED Matters Me Kaunsi Bail Hoti Hain'

Live Law  

The Delhi High Court on Tuesday set aside a trial court order transferring Bhushan Steel money laundering case from one judge to another, after one of the accused alleged that the judge passed a comment expressing "ED matters me kaun si bail hoti hai?” Justice Swarana Kanta Sharma said that the alleged comment did not reflect any apprehension of bias …

Supreme Court Stays Himachal Pradesh HC Order Refusing Recall Of Transfer Directions Against Kangra SP
8 months ago

Supreme Court Stays Himachal Pradesh HC Order Refusing Recall Of Transfer Directions Against Kangra SP

Live Law  

The Supreme Court on Friday stayed the order of the Himachal Pradesh High Court which directed the transfer of Superintendent of Police, Kangra District. The High Court in the impugned order refused to recall its earlier directions on transferring Kangra SP Shalini Agnihotri and DGP Sanjay Kundu. It may be recalled that the Apex Court in January had set aside …

SC sets aside HC order on Ashok Khemka’s appraisal report
9 months, 1 week ago

SC sets aside HC order on Ashok Khemka’s appraisal report

Hindustan Times  

The Supreme Court on Monday set aside a March 2019 Punjab and Haryana high court order by which the HC had overturned the remarks and grading made by Haryana chief minister ML Khattar in the performance appraisal report of senior IAS officer, Ashok Khemka. HC entered into specialised domain without having expertise The bench said that it was their opinion …

HC Erred In Setting Aside CM's Remarks Against IAS Officer's PAR : Supreme Court Allows Haryana Govt Appeal Against Ashok Khemka
9 months, 1 week ago

HC Erred In Setting Aside CM's Remarks Against IAS Officer's PAR : Supreme Court Allows Haryana Govt Appeal Against Ashok Khemka

Live Law  

The Supreme Court today allowed Haryana government's challenge to a Punjab and Haryana High Court order, which set aside Chief Minister ML Khattar's remarks and overall grade regarding senior IAS Officer Ashok Khemka's Performance Appraisal Report. Against the same, Khemka approached the Punjab and Haryana High Court, which set aside the remarks and overall grade given by the Accepting Authority. …

Supreme Court Sets Aside Dismissal Of Class-IV Court Staff For Sending Representations Directly To HC & CM On Salary Greivances
10 months, 1 week ago

Supreme Court Sets Aside Dismissal Of Class-IV Court Staff For Sending Representations Directly To HC & CM On Salary Greivances

Live Law  

The Supreme Court on Thursday observed that an employee cannot be terminated from the post merely because he sent a representation to his superior officers flouting the proper channel.“In this regard, it is suffice to observe that Class-IV employee, when in financial hardship, may represent directly to the superior but that by itself cannot amount to major misconduct for. The …

[Intra-Court Appeal] Single Bench Not A Court Subordinate To Division Bench, Matter Decided On Merits Can't Be Remitted Back: Karnataka HC
11 months, 1 week ago

[Intra-Court Appeal] Single Bench Not A Court Subordinate To Division Bench, Matter Decided On Merits Can't Be Remitted Back: Karnataka HC

Live Law  

The Karnataka High Court has said that in an intra-court appeal, the division bench of the high court in its jurisdiction under Article 226 of the Constitution cannot remit a matter back to the single judge bench if it has been decided on merits. Justice Nagaprasanna said, “Remand, in the normal circumstances, except those considered by the Full Bench, even …

Calcutta HC orders transfer of special CBI judge; summons state law minister
1 year, 2 months ago

Calcutta HC orders transfer of special CBI judge; summons state law minister

Hindustan Times  

The Calcutta high court on Wednesday ordered the transfer of special Central Bureau of Investigation court judge Arpan Chattopadhyay by October 4 for intervening in a high court order in connection with the West Bengal teachers’ recruitment scam. Calcutta high court A single bench of justice Abhijit Gangopadhay observed that when the central agency probe in the matter was being …

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court
1 year, 3 months ago

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently invalidated a transfer order and a relieving order issued to an individual holding the position of Superintendent Engineer within the M.P. The division bench of Justices S. A. Dharmadhikari and Hirdesh observed, “Admittedly, there is approval of the Managing Director before passing the impugned transfer order and relieving order. The appellant had challenged a …

Delhi Government Approaches Supreme Court Again Against Centre; Says Transfer Of Secretary Not Approved Despite SC Verdict In Its Favour
1 year, 7 months ago

Delhi Government Approaches Supreme Court Again Against Centre; Says Transfer Of Secretary Not Approved Despite SC Verdict In Its Favour

Live Law  

The Delhi Government has again approached the Supreme Court complaining that the Union Government is not approving its decision to transfer a Secretary, despite a Constitution Bench upholding the powers of the Delhi Government to control services a day ago.Senior Advocate Dr.Abhishek Manu Singhvi assisted by Advocate Shadan. The Delhi Government has again approached the Supreme Court complaining that the …

Supreme Court Weekly Round Up (24th April to 30th April 2023)
1 year, 7 months ago

Supreme Court Weekly Round Up (24th April to 30th April 2023)

Live Law  

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest to keep our readers up to date with the latest legal developments in the Apex court of the country.Judgments/OrdersS.17 Registration Act | High Court Cannot Exercise Writ Jurisdiction To Alter Or Amend Registered Lease Deed: Supreme Court The Supreme Court …

SC asks Calcutta HC chief justice to reassign Bengal teachers recruitment case to another judge
1 year, 7 months ago

SC asks Calcutta HC chief justice to reassign Bengal teachers recruitment case to another judge

India Today  

The Supreme Court on Friday directed the Chief Justice of Calcutta High Court to reassign the West Bengal teachers' recruitment case to another judge. A bench headed by Chief Justice of India DY Chandrachud took note of the report submitted by the Registrar General of the Calcutta HC over Justice Gangopadhyay's interview with a news channel wherein he spoke about …

Post-retirement benefits for judges’ case: SC stays HC order to take U.P. govt secretaries into custody
1 year, 8 months ago

Post-retirement benefits for judges’ case: SC stays HC order to take U.P. govt secretaries into custody

Hindustan Times  

PRAYAGRAJ/NEW DELHI A day after the Allahabad High Court ordered the state’s secretary finance Shahid Manzoor Abbas Rizvi and special secretary finance Saryu Prasad Mishra to be taken into custody, the Supreme Court on Thursday put a stay on the order. The high court also issued bailable warrants against Durga Shankar Mishra, chief secretary, and Dr Prashant Trivedi, additional chief …

Not Between Two Newspapers, This Is Between Two Political Parties: Supreme Court Transfers Plea Of Telugu Daily 'Eenadu' To Delhi HC
1 year, 8 months ago

Not Between Two Newspapers, This Is Between Two Political Parties: Supreme Court Transfers Plea Of Telugu Daily 'Eenadu' To Delhi HC

Live Law  

The Supreme Court on Monday transferred to the Delhi High Court a petition filed by Ushodaya Publications, which owns a leading Telugu daily "Eenadu", challenging the Government Order allegedly aimed at improving sales of "Sakshi" newspaper. Senior Advocate CS Vaidyanathan, appearing for the Government of Andhra Pradesh opposed the same stating that such a transfer would cast aspersions on the …

Review Provision Is Not To Scrutinize The Correctness Of Decision : Supreme Court
1 year, 10 months ago

Review Provision Is Not To Scrutinize The Correctness Of Decision : Supreme Court

Live Law  

The Supreme court reiterated that the provision of review is not to scrutinize the correctness of the decision.It is to correct the error, if any, which is visible on the face of the order / record without going into as to whether there is a possibility of another opinion different from the one expressed, the bench of Justices V Ramasubramanian …

Transfer of judges: A.P. advocates’ JAC’s plea to Law Minister Kiran Rijiju
2 years ago

Transfer of judges: A.P. advocates’ JAC’s plea to Law Minister Kiran Rijiju

The Hindu  

A delegation of Andhra Pradesh Advocates’ Joint Action Committee submitted a memorandum to Union Minister of Law and Justice Kiran Rijiju on Tuesday appealing to him to refer their request for a review of the recommendation to transfer AP High Court judges B. Devanand and D. Ramesh, to the apex court, by expressing their opinion that the transfer would have …

Need To Review The Present System Of Transfer Of High Court Judges
2 years, 1 month ago

Need To Review The Present System Of Transfer Of High Court Judges

Live Law  

In view of the recent recommendation of the Supreme Court Collegium to transfer Justice Nikhil S. Kariel from his parent High Court, i.e., from High Court of Gujarat to the High Court of Patna and also recommendation to transfer Justice A. Abhishek Reddy from his parent High Court, i.e., from High Court of Telangana to the High Court of Patna …

Supreme Court Seeks ED's Reponse On Satyender Jain's Plea Challenging Transfer Of His Bail Plea To Another Judge
2 years, 2 months ago

Supreme Court Seeks ED's Reponse On Satyender Jain's Plea Challenging Transfer Of His Bail Plea To Another Judge

Live Law  

The Supreme Court today issued notice to the Enforcement Directorate on a plea filed by Delhi Minister Satyendra Jain assailing the order of the Delhi High Court which upheld the transfer of his bail plea to another court.A bench comprising of Justices M. R. Shah and Krishna Murari sought response from the Enforcement Directorate to be filed by 19th October …

Chairman Of District Primary School Council Cannot Order Transfer Of Teachers: Calcutta High Court
2 years, 4 months ago

Chairman Of District Primary School Council Cannot Order Transfer Of Teachers: Calcutta High Court

Live Law  

On Friday, in an intra-court appeal whereas a Single Judge refused to interfere with the order of transfer issued against the appellant by the Chairman, North 24 Parganas District Primary School Council, the Calcutta High Court noted that the Chairman did not have the authority or jurisdiction to issue the impugned transfer order to the appellant Assistant Teacher of a …

Supreme Court Requests Karnataka HC Judge, Who Made Revelations Of Transfer Threat, To Defer Hearing In Case Against ACB For 3 Days
2 years, 5 months ago

Supreme Court Requests Karnataka HC Judge, Who Made Revelations Of Transfer Threat, To Defer Hearing In Case Against ACB For 3 Days

Live Law  

The Supreme Court on Tuesday requested Justice HP Sandesh of Karnataka High Court, who has been passing several adverse remarks and directions against the Anti-Corruption Bureau of Karnataka, to defer the hearing in the case for three more days.A bench led by the Chief Justice of India made this request as the order passed by Justice Sandesh yesterday, where he …

"Big Fish Are Not Caught, You Are After Small Level Employee" : Supreme Court Grants Relief To Class-4 Officer Against Dismissal Order
2 years, 5 months ago

"Big Fish Are Not Caught, You Are After Small Level Employee" : Supreme Court Grants Relief To Class-4 Officer Against Dismissal Order

Live Law  

Orally remarking that "missing from duty is a major misconduct in paramilitary forces or the army, but may not be so in a civilian employment", the Supreme Court last week criticised the Central Government for imposing the penalty of dismissal from service for unauthorised absence from duty on a Grade-IV employee in the Ministry of Steel. As regards to the …

Breaking: Supreme Court Transfers Gaynvapi Mosque Suit To District Court Varanasi
2 years, 7 months ago

Breaking: Supreme Court Transfers Gaynvapi Mosque Suit To District Court Varanasi

Live Law  

The Supreme Court has transferred the suit filed by Hindu devotees in connection with the Gyanvapi Mosque-Kashi Vishwanath Temple dispute, to the District Court in Varanasi. We accordingly order and direct that the Civil Suit before Civil Judge Senior Division Varanasi shall stand transferred to District Judge Varanasi and all interlocutory applications shall stand transferred." In its May 17 order, …

Gyanvapi case updates: Supreme Court transfers case to Varanasi District Judge
2 years, 7 months ago

Gyanvapi case updates: Supreme Court transfers case to Varanasi District Judge

India TV News  

The Supreme Court Friday transferred the civil suit filed by Hindu devotees on Gyanvapi mosque from civil judge to district judge, Varanasi saying looking at the complexities and sensitivity of the issue, it is better for a senior judicial officer to handle the case. A bench of Justices DY Chandrachud, Surya Kant, and PS Narasimha said that it is not …

High Drama In Calcutta HC As Single Judge Objects To Division Bench Direction To Accept Document In "Sealed Cover"
2 years, 8 months ago

High Drama In Calcutta HC As Single Judge Objects To Division Bench Direction To Accept Document In "Sealed Cover"

Live Law  

Justice Abhijit Gangopadhyay of the Calcutta High Court on Wednesday passed a scathing order against the observations made by a Division Bench in a case pertaining to the alleged irregularities in the appointment of 'Group-D' in Justice Abhijit Gangopadhyay of the Calcutta High Court on Wednesday passed a scathing order against the observations made by a Division Bench in a …

'Legally Unsustainable': CAT Order Transfering IFS Officer's Case From U'khand To Delhi Set Aside By Uttarakhand High Court
3 years, 1 month ago

'Legally Unsustainable': CAT Order Transfering IFS Officer's Case From U'khand To Delhi Set Aside By Uttarakhand High Court

Live Law  

The Uttarakhand High Court last week set aside an order passed by the principal bench of the Central Administrative Tribunal allowing the Centre's plea to transfer a petition of an IFS officer, Sanjiv Chaturvedi, from the regional bench in to its principal bench. However, the Central Government moved a transfer application before the Principal Bench, New Delhi seeking transfer of …

High court sets aside transfer of IFS officer’s petition from U’khand to Delhi
3 years, 1 month ago

High court sets aside transfer of IFS officer’s petition from U’khand to Delhi

Hindustan Times  

The Uttarakhand high court has set aside the Central Administrative Tribunal order, which transferred the hearing of Indian Forest Services officer Sanjiv Chaturvedi’s petition from the Tribunal’s Nainital circuit bench to the Delhi-based principal bench, saying the reasoning in the impugned order was “legally unsustainable”. Hearing Chaturvedi’s petition, the division bench of chief justice RS Chauhan and justice NS Dhanik …

Relief To Navneet Kaur Rana MP As Supreme Court Stays HC Judgment Which Cancelled Her Caste Certificate
3 years, 6 months ago

Relief To Navneet Kaur Rana MP As Supreme Court Stays HC Judgment Which Cancelled Her Caste Certificate

Live Law  

In a relief to MP Navneet Kaur Rana, the Supreme Court on Tuesday stayed the Bombay High Court judgment which had set aside her caste certificate.Since she had won from a seat reserved for the Scheduled Castes, the High Court judgment could have affected her election to the Parliament. In a relief to MP Navneet Kaur Rana, the Supreme Court …

'Our Conduct Unbecoming Of The Majesty High Court Commands': Sitting Calcutta HC Judge Takes Objection To Listing Of Narada Case
3 years, 6 months ago

'Our Conduct Unbecoming Of The Majesty High Court Commands': Sitting Calcutta HC Judge Takes Objection To Listing Of Narada Case

Live Law  

"Our conduct is unbecoming of the majesty the High Court commands," said Justice Arindam Sinha, a Sitting Judge of the Calcutta High Court while expressing reservations on the manner in which the transfer plea filed by Central investigation agency— CBI in the Narada scam case, was listed before a Division Bench on May 17. However, the first Division Bench look …

'District Judge Has Shown Undue Favour To Plaintiffs' : Punjab & Haryana HC Seeks Explanation From Judge; Transfers Case
4 years, 2 months ago

'District Judge Has Shown Undue Favour To Plaintiffs' : Punjab & Haryana HC Seeks Explanation From Judge; Transfers Case

Live Law  

In an extraordinary order, the Punjab and Haryana High Court has sought an explanation from a District Judge, after noting that the judge has shown undue favors to plaintiffs in a suit.The High Court made this observation in a petition filed by the State Bank of India challenging an order of interim injunction passed by District Judge, Nawanshahar, restraining the. …

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