Deepshikha vs M/O Human Resource Development on 4 April, 2016
6.2 In Sukhbir Singh Vs. Union of India and Ors (supra), it has
been held by the Tribunal that malice in law can be stated to exist when an
action is taken or power is exercised without just and reasonable cause or a
purpose alien to the statute. After examining the materials available on
record, the Tribunal found that the impugned transfer order was not based on
any material, although it was stated by the respondent-Department to be so,
and, held that the impugned transfer order having been issued without any
reasonable cause is liable to be interfered with. Accordingly, the Tribunal
quashed the impugned transfer order.