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 show-cause notice, a transfer order, and a relieving order through the appeal. In July 2023, a show-cause notice was issued to the appellant, alleging unauthorized entry into the Managing Director's Chamber without prior permission, where important files and documents were stored.

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History of this topic

Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges
1 week ago

Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges

India Today  

The Supreme Court on Tuesday reserved its order on the suo motu writ petition registered in connection with the termination of services of six female civil judges by the Madhya Pradesh government, of which two are yet to be reinstated. On the last date of hearing, the top court had slammed the state high court for terminating the services of …

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs
1 month ago

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs

Live Law  

Rajasthan High Court has set aside the penalty of compulsory retirement imposed upon an Additional District and Sessions Judge in 2015 for allowing the second bail application filed by a murder accused, despite having knowledge of the fact that the first bail application was rejected by the High Court and there was a pending transfer petition in front of the …

Order Passed U/S 148A(d) Income Tax Act Is Not Appealable, Writ Jurisdiction Can Be Invoked: Madhya Pradesh High Court
1 month, 1 week ago

Order Passed U/S 148A(d) Income Tax Act Is Not Appealable, Writ Jurisdiction Can Be Invoked: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that an order passed under Section 148A of the Income Tax Act 1961 is not an appealable order, therefore, the only remedy with an aggrieved party is to invoke writ jurisdiction of the High Court. In this scheme, a division bench of Justices Vivek Rusia and Binod Kumar Dwivedi observed, “Admittedly, the order …

Additional Collector's 'Quasi Judicial' Action Protected Under Judges (Protection) Act: Madhya Pradesh HC Nixes 'Malafide' Disciplinary Case
1 month, 1 week ago

Additional Collector's 'Quasi Judicial' Action Protected Under Judges (Protection) Act: Madhya Pradesh HC Nixes 'Malafide' Disciplinary Case

Live Law  

While quashing a charge sheet and setting aside 'malafide' disciplinary proceedings against an Additional Collector, the Jabalpur bench of the Madhya Pradesh High Court said that the petitioner falls under the definition of a judge while discharging functions as quasi-judicial officer and is protected under the Judges Act. The petitioner, at the time of discharging his duties as Additional Collector …

Minor Children's Difficulty In Adapting To New Academic Environments Insufficient Grounds To Void Transfer Order:Delhi High Court
1 month, 2 weeks ago

Minor Children's Difficulty In Adapting To New Academic Environments Insufficient Grounds To Void Transfer Order:Delhi High Court

Live Law  

Delhi High Court: Justice Girish Kathpalia dismissed the writ petition filed by Ravinder Mandal and found no grounds for malafide intent behind the issuance of his transfer order. The High Court concluded that the transfer was a legitimate administrative action aligned with Mandal's contractual obligations as a transferable employee, and his non-compliance with the order constituted misconduct. Background Ravinder Mandal, …

High Court Rejects Mutation Order, Remands Case to Civil Court
2 months ago

High Court Rejects Mutation Order, Remands Case to Civil Court

Live Law  

The Madhya Pradesh High Court has reaffirmed the importance of issuing notice in property mutation proceedings. In a recent case, the court observed that the State had failed to issue notice to the petitioner despite the fact that the petitioner had been unable to appear before the State in 2015 when the order rejecting the mutation was passed. The court …

Transfer Of Workman From Original Place To New Place, Without Valid Reasons Is Unfair: Punjab & Haryana High Court
7 months ago

Transfer Of Workman From Original Place To New Place, Without Valid Reasons Is Unfair: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Sanjay Vashisth held that in the absence of any material in the shape of the affidavit, showing the need for the transfer of the workman from the original place to a new place, it cannot be termed that the decision taken by the Management is fair one and beyond any doubt. …

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 …

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 …

Cannot Withdraw Resignation Once It Is Accepted: Madhya Pradesh High Court Refuses Relief To Police Constable Who Resigned In 1994
11 months, 2 weeks ago

Cannot Withdraw Resignation Once It Is Accepted: Madhya Pradesh High Court Refuses Relief To Police Constable Who Resigned In 1994

Live Law  

The Madhya Pradesh High Court, Jabalpur Bench, has emphatically laid down that once the application for resignation of an employee has been accepted, there cannot be any withdrawal of the same. ".once the resignation was accepted, there cannot be any withdrawal as the bilateral relationship of Master and Servant has seized to exist," Justice Vivek Agarwal declared recently, while. ".once …

Principles Of Natural Justice Crucial To Transfer Orders, Prevent Stigma & Bias: Kerala High Court
1 year ago

Principles Of Natural Justice Crucial To Transfer Orders, Prevent Stigma & Bias: Kerala High Court

Live Law  

A Division Bench of the Kerala High Court recently upheld order of a Single Judge, whereby the transfer order of a teacher working under Corporate Managers was quashed. The Bench, comprising Justices A. Muhamed Mustaque and Shoba Annamma Eapen, observed that as the transfer order was issued in accordance with Rule 10 of the Kerala Education Rules, the authorities should …

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
1 year, 1 month ago

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order

Live Law  

The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High …

CBIC Circulars Are Binding On Service Tax Dept, Violations Will Make Actions Illegal: Jharkhand High Court
1 year, 1 month ago

CBIC Circulars Are Binding On Service Tax Dept, Violations Will Make Actions Illegal: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that the circulars or instructions issued by the Central Board of Indirect Taxes and Customs are legally binding on the department, and their violation will make the actions of the respondent illegal and ex-facie bad in law.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that the Department has violated Clauses …

Contracts Of Employment Not Specifically Enforceable When There Is No Element Of Statutory Governance: Madhya Pradesh High Court Reiterates
1 year, 2 months ago

Contracts Of Employment Not Specifically Enforceable When There Is No Element Of Statutory Governance: Madhya Pradesh High Court Reiterates

Live Law  

Madhya Pradesh High Court has recently made an observation that when contracts of employment are governed purely by the terms of the contract without any element of statutory governance, such contracts that determine the relationship between the master and the servant are not specifically enforceable. Goyal reported in 2008 SCC 92 wherein the Apex Court held that when the relationship …

Transfer Orders Cannot Be Punitive: Telangana High Court Reiterates
1 year, 3 months ago

Transfer Orders Cannot Be Punitive: Telangana High Court Reiterates

Live Law  

The Telangana High Court has recently reiterated that transfer orders cannot be passed as a punitive measure and that such transfer orders shall be set aside as inherently illegal. "It is held by the Hon’ble Supreme Court that the transfer, which is ordinarily an incidence of service, should not be interfered with unless malafides are attributed to the authority passing …

Recording Adverse Remarks In Transfer Orders Uncalled For, Should Not Be Used Against Transferee Officer: Punjab & Haryana High Court
1 year, 3 months ago

Recording Adverse Remarks In Transfer Orders Uncalled For, Should Not Be Used Against Transferee Officer: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has observed that recording adverse remarks in transfer orders such as “having links with accused indulging in intoxicant material and illegal mining” is not called for and should not be used against him.While acknowledging that the respondents are well within their competence to transfer an employee for administrative reasons or for any reason as. …

'Specific Show-Cause Notice Necessary Before Imposing Penalty' : Supreme Court Quashes Debarment and Penalty Order Issued by MP DISCOM
1 year, 8 months ago

'Specific Show-Cause Notice Necessary Before Imposing Penalty' : Supreme Court Quashes Debarment and Penalty Order Issued by MP DISCOM

Live Law  

The Supreme Court has reiterated the requirement of a specific show-cause notice while quashing and setting aside the debarment and penalty order issued by the Madhya Pradesh Power Distribution Company against a tenderee who was awarded a contract for supply of transformers by the DISCOM. In the appeal filed before the Supreme Court against the decision of the High Court, …

Order Extending Employee's Suspension After Filing Of Charge-Sheet Must Record Reasons: Madhya Pradesh High Court
1 year, 11 months ago

Order Extending Employee's Suspension After Filing Of Charge-Sheet Must Record Reasons: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore bench recently reiterated that once the charge-sheet in a departmental inquiry against the suspended delinquent employee is filed, the suspension can be extended only on the basis of a well-reasoned order. The bench comprising Justice Subodh Abhyankar made the observation by placing reliance on the decision of the Apex Court in the case of …

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted
1 year, 11 months ago

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted

Live Law  

The High Court of Madhya Pradesh,Indore Bench recently allowed an application under Order 23 Rule 1 and 3 of the CPC moved by a litigantto withdraw his suit with liberty to file it afresh, more than seven years after the case was instituted before a Civil Judge in Dewas. Thus in my opinion the reasons given by theplaintiff in his …

Govt Employees Seeking Transfer Due To 'Individual Hardship' May Approach Employer, MPs Can't Make Recommendations On Their Behalf: HP High Court
2 years, 3 months ago

Govt Employees Seeking Transfer Due To 'Individual Hardship' May Approach Employer, MPs Can't Make Recommendations On Their Behalf: HP High Court

Live Law  

The Himachal Pradesh High Court has made it clear that in case a government employee requires transfer on account of individual hardship, such employee may approach the employer with his request. However, a recommendation made by a Member of Parliament on such employee's behalf cannot be sustained.The observation came from a Division Bench of Justice Tarlok Singh Chauhan and Justice. …

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 …

Madhya Pradesh High Court Directs Department To Issue Fresh Reassessment Order For Not Considering Reply
2 years, 5 months ago

Madhya Pradesh High Court Directs Department To Issue Fresh Reassessment Order For Not Considering Reply

Live Law  

The Madhya Pradesh High Court bench of Justice Sujoy Paul and Justice Prakash Chandra Gupta has held that the reassessment order was passed without considering the reply to the show cause notice and directed the department to pass a fresh order. The department submitted that indisputably the petitioner's reply escaped notice of the respondents while passing an order under Section …

Judge's Integrity Can't Be Doubted Merely For Allowing Adjournment Request: MP High Court Quashes Order Holding Lower Court Judge Guilty Of Misconduct
2 years, 5 months ago

Judge's Integrity Can't Be Doubted Merely For Allowing Adjournment Request: MP High Court Quashes Order Holding Lower Court Judge Guilty Of Misconduct

Live Law  

The Madhya Pradesh High Court recently set aside the order of the Disciplinary Authority against a former lower court Judge, whereby he was held guilty of misconduct. Disagreeing with the reasoning of the Disciplinary Authority regarding the adjournments granted by the Petitioner/Former lower court Judge, the division bench of Chief Justice Ravi Malimath and Justice Vishal Mishra observed- Whether the …

'Discretion Vested In Project Officer Usurped By Superiority Authority': MP High Orders Reinstatement Of Anganwadi Worker, Cites Jurisdictional Error
2 years, 6 months ago

'Discretion Vested In Project Officer Usurped By Superiority Authority': MP High Orders Reinstatement Of Anganwadi Worker, Cites Jurisdictional Error

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently directed reinstatement of an Anganwadi Worker holding that the authorities did not follow the principles of natural justice while deciding her case. The Court further held that the plea of alternate remedy would not come to rescue of the State as the Project Officer took action against the Petitioner at the insistence …

'Public Interest Also An Element On Consideration Of Which Employee Can Be Placed Under Suspension': Madhya Pradesh High Court
2 years, 7 months ago

'Public Interest Also An Element On Consideration Of Which Employee Can Be Placed Under Suspension': Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently observed that public interest is also an element on the consideration of which an employee can be placed under suspension. The Writ Court set aside his order of suspension, observing that there was no material placed on record to show any direct relation of the Respondent/Petitioner with the alleged irregularity. The State also submitted …

'Transfer Them To Far-Flung Places': Madhya Pradesh High Court On Police Officers Tampering With Evidence In Rape Case, Orders Inquiry
2 years, 7 months ago

'Transfer Them To Far-Flung Places': Madhya Pradesh High Court On Police Officers Tampering With Evidence In Rape Case, Orders Inquiry

Live Law  

The Madhya Pradesh High Court recently directed the State Level Vigilance and Monitoring Committee to take appropriate action against the Police Officers concerned for tampering with forensic evidence in a rape case, to allegedly shield the Appellant/accused, who also happened to be a police officer. Justice Vivek Agarwal further lamented that the Court would've directed that the case be handed …

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court
2 years, 8 months ago

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently set aside the order of lower court allowing revision against rejection of application under Section 91 CrPC, reiterating that the impugned order was interlocutory in nature and therefore no revision lies against it. Justice Atul Shreedharan was dealing with an application under Section 482 CrPC, moved by the Applicant who was aggrieved by the …

Madhya Pradesh High Court Quashes Order Of Preventive Detention As District Magistrate Failed To Forward The Order To Govt. Forthwith
2 years, 9 months ago

Madhya Pradesh High Court Quashes Order Of Preventive Detention As District Magistrate Failed To Forward The Order To Govt. Forthwith

Live Law  

The High Court of Madhya Pradesh recently set aside the order of preventive detention passed by the District Magistrate, holding that he failed to discharge his obligation, in as much as forwarding the case to the State Government after nearly 10 days of passing the respective order. Bansal was essentially dealing with a writ petition filed by the Petitioner, wherein …

[Reservation In Civic Body Elections] Supreme Court Issues Notice In Plea Challenging Madhya Pradesh High Court's Order Of Staying Reservation Notification
3 years ago

[Reservation In Civic Body Elections] Supreme Court Issues Notice In Plea Challenging Madhya Pradesh High Court's Order Of Staying Reservation Notification

Live Law  

The Supreme Court today issued notice in the Special Leave petition assailing Madhya Pradesh High Court's interim order of staying the notification related to method of reservation in the civic body elections.The notice was issued by the bench of Justices AM Khanwilkar and CT Ravikumar.The High Court had stayed the notification dated December 10, 2020 to the extent. The Supreme …

'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 …

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court
3 years, 3 months ago

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court

Live Law  

The Supreme Court has issued notice on a special leave petition which has raised the argument that criminal proceedings cannot continue after exoneration in departmental enquiry on the same allegations.The special leave petition is filed against a judgment of the Madhya Pradesh High Court which held that exoneration in departmental inquiry does not entitle an employee to seek quashing. The …

"Authorities Have No Compassion With Students' Future": MP High Court Stays Transfer Of The Only Teacher Of A School, Seeks State's Reply
3 years, 3 months ago

"Authorities Have No Compassion With Students' Future": MP High Court Stays Transfer Of The Only Teacher Of A School, Seeks State's Reply

Live Law  

The Madhya Pradesh High Court last week stayed the transfer of the one and only teacher of a school stating that the order had been passed without application of mind and contrary to the public policy. "It appears that the impugned order has been issued by the authorities without applying its mind, which draws a presumption that the government authorities …

Post Expiration Of Probation Period, Automatic Confirmation Cannot Be Claimed As Matter Of Right: Madhya Pradesh High Court
3 years, 4 months ago

Post Expiration Of Probation Period, Automatic Confirmation Cannot Be Claimed As Matter Of Right: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has recently observed that automatic confirmation cannot be claimed as a matter of right after the expiry of probation period, unless there is a vacancy for the same job. One of the conditions of the appointment order was that in the light of Rule 12 of the Madhya Pradesh Government Servants Rules, 1960, the petitioner's …

Agitation Before Commissioner's Office Against Mass Transfer Order 'Similar Activity' As Strike: Madras HC Upholds Punishment Of Stoppage Of Increment Of Cops [Read Order]
4 years, 3 months ago

Agitation Before Commissioner's Office Against Mass Transfer Order 'Similar Activity' As Strike: Madras HC Upholds Punishment Of Stoppage Of Increment Of Cops [Read Order]

Live Law  

The petitioner before Justice R. M. T. Teekaa Raman, while he was working as Police Constable in Coimbatore Corporation, was said to have agitated against the Commissioner of Police in the campus of the Commissioner Officer, in connection with the mass transfer order. While issuing relieving orders as per serial number, initially 132 members were relieved and remaining others were …

SC Asks Madhya Pradesh HC To Consider Reinstatement Ex-District Judge Who Alleged Sexual Harassment Against HC Judge
4 years, 5 months ago

SC Asks Madhya Pradesh HC To Consider Reinstatement Ex-District Judge Who Alleged Sexual Harassment Against HC Judge

Live Law  

The Supreme Court has recommended to the Madhya Pradesh High Court to consider the reinstatement of the former Additional District and Sessions Judge from Madhya Pradesh who had made allegations of sexual harassment against a sitting Judge of the High Court. A Bench of Chief Justice of India SA Bobde, and Justices R. Subhash Reddy and AS Bopanna heard the …

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