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Documents citing National Hydroelectric Power ... vs 1.Shri Bhagwan on 11 September, 2001

K.M.Elumalai vs The Superintendent Of Prisons on 8 October, 2009

"No government servant or employee of a public undertaking has any legal right to be posted forever at any one particular place or place of his choice since transfer of a particular employee appointed to the class or category of transferable posts from one place to another is not only an incident, but a condition of service, necessary too in public interest and efficiency in the public administration. Unless an order of transfer is shown to be an outcome of mala fide exercise or stated to be in violation of statutory provisions prohibiting any such transfer, the Courts or the Tribunals normally cannot interfere with such orders as a matter of routine, as though they were the Appellate Authorities substituting their own decision for that of the employer/management, as against such order passed in the interest of administrative exigencies of the service concerned. This position was highlighted by this Court in National Hydroelectric Power Corpn. Ltd. v. Shri Bhagwan, 2001(8) SCC 574."
Madras High Court Cites 23 - Cited by 14 - M M Sundresh - Full Document

Anand Swaroop Sharma vs State Of H.P. And Ors on 8 June, 2020

"No Government servant or employee of a public undertaking has any legal right to be posted forever at any one particular place or place of his choice since transfer of a particular employee appointed to the class or category of transferable posts from one place to another is not only an incident, but a condition of service, necessary too in public interest and efficiency in the public administration. Unless an order of transfer is shown to be an outcome of mala fide exercise or stated to be in violation of statutory provisions prohibiting any such transfer, the Courts or the Tribunals normally cannot interfere with such orders as a matter of routine, as though they were the appellate authorities substituting their own decision for that of the employer/management, as against such orders passed in the interest of administrative exigencies of the service concerned. This position was highlighted by this Court in National Hydroelectric Power Corpn. Ltd. v. Shri Bhagwan, (2001) 8 SCC 574".
Himachal Pradesh High Court Cites 25 - Cited by 18 - Full Document

Shashank Deepak vs Defence on 9 September, 2022

(3) SCC 35; N.K. Singh v. Union of India and Ors., ; Chief General Manager (Tel.) N.E. Telecom Circle v. Rajendra Ch. Bhattacharjee, ; State of U.P. v. Dr. R.N. Prasad, 1995 (Supp) 2 SCC 151; Union of India and Ors. v. Ganesh Dass Singh, ; Abani Kante Ray v. State of Orissa, 1995 (Supp) 4 SCC 169; Laxmi Narain Mehar v. Union of India, ; State of U.P. v. Ashok Kumar Saxena, ; National Hydroelectric Power Corporation Ltd. v. Shri Bhagwan, ; Public Services Tribunal Bar Association v. State of U.P. and Ors., ; State of U.P. v. Siya Ram, ; and Union of India v. Janardhan Debanath, .
Central Administrative Tribunal - Lucknow Cites 79 - Cited by 0 - Full Document

Dr. Neelam Bhalla vs Union Of India on 21 August, 2012

5.The High Court while exercising jurisdiction under Articles 226 and 227 of the Constitution of India had gone into the question as to whether the transfer was in the interest of public service. That would essentially require factual adjudication and invariably depend upon peculiar facts and circumstances of the case concerned. No Government servant or employee of Public Undertaking has any legal right to be posted forever at any one particular place since transfer of a particular employee appointed to the class or category of transferable posts from one place to other is not only an incident, but a condition of service, necessary too in public interest and efficiency in the public administration. Unless an order of transfer is shown to be an outcome of mala fide exercise of power or stated to be in violation of statutory provisions prohibiting any such transfer, the Courts or the Tribunals cannot interfere with such orders as a matter of routine, as though they are the Appellate Authorities substituting their own decision for that of the Management, as against such orders passed in the interest of administrative exigencies of the service concerned. This position was highlighted by this Court in National Hydroelectric Power Corpn. Ltd. Vs. Shri Bhagwan.. 6.
Central Administrative Tribunal - Delhi Cites 13 - Cited by 0 - Full Document

Shri Anil Kumar vs Union Of India Through The Secretary on 25 June, 2013

7. The scope of judicial review of transfer under Article 226 of the Constitution of India has been settled by the Supreme Court in Rajendra Rao vs. Union of India (1993) 1 SCC 148; (AIR 1939 SC 1236), National Hydroelectric Power Corporation Ltd. vs. Shri Bhagwan (2001) 8 SCC 574; (AIR 2001 SC 3309), State Bank of India vs. Anjan Sanyal (2001) 5 SCC 508; (AIR 2001 SC 1748).
Central Administrative Tribunal - Delhi Cites 18 - Cited by 0 - Full Document

P.Richard vs The Director General on 27 March, 2019

"11.Similar view has been taken in National Hydroelectric Power Corp. Ltd v. Shri Bhagwan [(2001) 8 SCC 574:2002 SCC (L&S) 21] wherein it has been held that no government servant or employee of a public undertaking has any legal right to be posted forever at any one particular place since transfer of a particular employee appointed to the class or category of transferable posts from one place to another is not only an incident, but a condition of service, necessary too in public interest and efficiency in public administration. Unless an order of transfer is shown to be an outcome of male fide exercise of power or stated to be in violation http://www.judis.nic.in 8/11 W.P.(MD) No.7619 of 2019 of statutory provisions prohibiting any such transfer, the courts or the tribunals cannot interfere with such orders, as though they were the Appellate Authorities substituting their own decision for that of the management.
Madras High Court Cites 5 - Cited by 0 - D Krishnakumar - Full Document

Sagar Bidi Mazdoor Union vs M/S Khemchand Motilal Jain, Tobacco ... on 25 January, 2023

In view of such facts, when the judgment of Apex Court in National Hydroelectric Power Corporation Limited versus Shri Bhagwan & Another (supra) is taken into consideration wherein it is held that the transfer of an employee from Corporate Office to New Project, if is not prohibited by the Rules and no malafides are shown, then alleged adverse consequences detrimental to the seniority of such employee are not likely to occur as the Project to which transfer was made is new one then no interference is called for.
Madhya Pradesh High Court Cites 2 - Cited by 0 - V Agarwal - Full Document
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