transfer order was issued, the suspension order
was in force and therefore, there cannot be any doubt to
hold that the transfer order, even though ... impugned transfer orders, the
petitioners were not afforded with any opportunity. Hence, the impugned
transfer orders passed by the respondents are punitive in nature, without
order for departmental enquiry was passed he could not have been transferred from Jabalpur to Mumbai, as such an order of transfer is punitive ... order of transfer is based on the misconduct and that is the main reason, the order of transfer would be deemed to be punitive
have tried to support the impugned transfer order on grounds
which are not so mentioned in the transfer order itself. Thus, those grounds
cannot ... petitioner which needs consideration, is
that, the impugned transfer order was punitive transfer and could not have
been passed without giving opportunity to the petitioner
mind while issuing the impugned transfer order. Sri Pawar while raising challenge to the impugned transfer order has placed reliance on the judgment ... transfer till the date he joined at the original place of transfer and was not a question pertaining to punitive transfer. Also, the order
transfer order was issued, the suspension order was in force and therefore, there cannot be any doubt to hold that the transfer order, even though ... rival purpose behind the order of transfer. No doubt, a normal order of transfer can be misunderstood as a punitive measure. But, if the circumstances
impugned order as a measure of punishment totally ignoring the transfer policy and as such the impugned order is a punitive transfer and the same ... transfer policy.
The main contention of learned counsel for the petitioner is that the transfer order is punitive in nature and the representation
transferred because he was involved in criminal Court case and no opportunity of hearing was given - transfer order was quashed being punitive and in violation ... transfer order is discriminatory in as much as two others have not been transferred.
(iii) Whether the impugned order is punitive in nature and stigmatic
L.Chenkuttuvan vs Interim Administrator on 18 December, 2019
Equivalent citations: AIRONLINE 2019 MAD 1350
germane to passing an order of transfer but is based
upon irrelevant grounds. Moreover, the order of
transfer is a punitive one. According ... passing of an order of transfer and are based on
irrelevant grounds. In addition thereto, the order of
transfer is punitive in nature and casts
lightly
taken when orders of transfer are
challenged. The whole difficulty arises
when under the cover of ordering a
transfer, an employer seeks to achieve ... inasmuch as the impugned
transfer order, when dispassionately analyzed, clearly
comes out to be an order, which is both, punitive as well as
stigmatic
