Supreme Court · 2008 INSC 1450 · Decided 16 December 2008
Somesh Tiwari v. Union of India and ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1450 · [2008] 17 S.C.R. 711
- Case number
- CIVIL APPEAL No. 7308/2008
- Decided
- 16 December 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
Headnote
' Service Law - Transfer order - Nature of - Held: Is an ) administrative order - Employer is entitled to pass such order in administrative exigencies - It should be interfered with only c when malafide on part of Authority is proved - Transfer order in lieu of punishment is liable to be set aside officer to harsh station even though allegations made against him found to be untrue, malafide - Subsequent modified transfer order passed in D administrative exigencies also suffered from non-application -j., of mind - Officer did not join his new place of posting and also conduct of
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