Surender Singh v. Union Of India And Others
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"The petitioner, through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 09.06.2023 (Annexure P%
5) passed by respondent No.3 whereby petitioner has been transferred from Station Headquarter, Kapurthala to Station Headquarter Jalandhar even though petitioner is under suspension.
Learned counsel for the respondents, at the outset, submits that petitioner was posted with Selection Centre North which was located at Kapurthala and now it has been shifted to Station Headquarter Jalandhar, thus, petitioner cannot be kept posted at Kapurthala which necessitated transfer of petitioner despite Policy on DV Ban. She further submits that she would seek clear instructions qua CTG payable to the petitioner on account of his transfer.
The respondent is directed to file an affidavit in support of its contentions.
Adjourned to 12.07.2023."
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"While DV Ban when once imposed, covers all matters mentioned in Para 09, the concerned sections of MS Branch/DGMS (Army) may refer individual cases to DV Dte (DV%2) to allow partial relaxation of the DV Ban as may be necessary depending upon the circumstances and merits of a case. Such cases shall be decided with the approval of the AG"
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@11. Similar view has been taken in National Hydroelectric Power Corporation Ltd. vs. Shri Bhagwan and another (2001) 8 SCC 574, 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 the public administration. Unless an order of transfer is shown to be an outcome of malafide 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 though they were the appellate authorities substituting their own decision for that of the management.
12. It will be noticed that these decisions have been rendered in the case of civilian employees or those who are working in Public Sector Undertakings. The scope of interference by courts in regard to members of armed forces is far more limited and narrow. It is for the higher authorities to decide when
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and where a member of the armed forces should be posted. The Courts should be extremely slow in interfering with an order of transfer of such category of persons and unless an exceptionally strong case is made out, no interference should be made."
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