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1 - 8 of 8 (0.22 seconds)Somesh Tiwari vs Union Of India & Ors on 16 December, 2008
43. Before concluding, we may
mention that the law on the transfer
of Government employee is well
settled through a catena of
decisions rendered by Hon'ble
Supreme Court. The power of
judicial review vested in this
Tribunal to interfere with the order
of transfer issued by the Competent
Authority is, thus, settled. To
mention a few, in Somesh Tiwari Vs. Union
of India and others, (2009) 2 SCC 592, Civil Appeal
No.7308 of 2008 decided on 16.12.2008 by the
31 OA No.346/2017
Hon'ble Supreme Court, the said
principle is elaborately stated in
paragraph No.16, which is reproduced
here for ready reference :-
State Of U. P. & Ors vs Gobardhan Lal on 23 March, 2004
46. Further in State of U.P. and others Vs.
Gobardhan Lal, 2005 Supreme Court Cases (L&S) 55,
Civil Appeal No.408 of 2004 decided on 23.03.2004, in
which the scope, extent and power of
judicial review vested in this Tribunal
to interfere with the order of transfer
of Government servant is elaborately
considered. It has been held that :-
Mohd. Masood Ahmad vs State Of U.P. & Ors on 18 September, 2007
48. Further, the case of Mohd. Masood
Ahmed Vs. State of UP and others in Civil Appeal No.4360
of 2007 decided on 18.09.2007 decided by the
Hon'ble Supreme Court is relevant to
mention here. In that case, the
Petitioner has challenged the order
issued by State Government. It was held
that transfer is an exigency of service
and is an administrative decision and as
such interference by the Courts with
transfer orders should only be in very
rare cases. Several decisions rendered
by the Hon'ble Supreme Court in this
behalf are also relied upon.
State Of Punjab And Others vs Joginder Singh Dhatt on 12 July, 1993
The
observations recorded by the Hon'ble
Supreme Court in State of Punjab Vs. Joginder
Singh Dhatt, AIR 1993 SC 2486 are also referred
with approval. The same reads as
under :-
Section 19 in The Administrative Tribunals Act, 1985 [Entire Act]
S. Ramasamy vs The Director Of Town Panchayats on 5 July, 2016
44. Yet in another case of S.
Ramasamy Vs. The Director of Town Panchayats Office of
the Directorate Chennai & Others, Writ Petition No.31431
of 2015 decided on 05.07.2016, by the Hon'ble High Court
of Madras, in paragraph No.15, it has been
held as under :-
V.B. Gadekar, Deputy Engineer, Konkan ... vs Maharashtra Housing And Area ... on 23 August, 2007
49. We have also come across the
decision rendered by the Hon'ble Bombay
High Court in the case of V.B.Gadekar, Deputy
Engineer Vs. Maharashtra Housing and Area Development
Authority, 2007 (6) BomCR 579, decided on 23.08.2007.
In that case, the following observations
noted in paragraph No.7 are worth
quoting. The same are reproduced here
for ready reference :-
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