Gujarat Electricity Board & Anr vs Atmaram Sungomal Poshani on 31 March, 1989
39. The Apex Court in series of judgments like
Gujarat Electricity Board Vs Atmaram Sungomal
Poshani (Supra), Union of India Vs S.L. Abbas
(supra),Public Services Tribunal Bar ... Vs State Of
U.P. & Another(Supra), State of UP &Ors Vs
Govardhan Lal (supra),Airport Authority of India Vs
Rajeev Ratan Pandey and Ors (supra), Rajendra
Singh &Ors Vs State of Uttar Pradesh &Ors(Supra) ,
State Of Haryana &Ors Vs Kashmir Singh &Ors
(supra), Punjab and Sind Bank &Ors. Vs. Durgesh
Kuwar (supra), Union of India and Others Vs.
Ganesh Dass Singh (supra), has given upper hand to
the administrative authorities or the Government in
matters of Transfers. In all those judgments, the Apex
Court held that the Public Interest is paramount in
such administrative exercises and there is very limited
scope for judicial review in the matters of transfer. As it
has been held in the other set of judgments cited in
paragarph 36 above, unless there is malafide, bias,
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Court No.6 (item No.32)
infringement of statutory provisions, lack of
competency, non-application of mind, etc, the courts
and tribunals should not interfere in the administrative
decision in respect of transfers. In the instant case, as
we have already discussed above, we do not find any
such bias or non-application of mind in the present
case.