Sri Pubi Lombi vs State Of Arunachal Pradesh 2024 INSC 200 :: [2024] 3 S.C.R. 407 – Judicial Review Of Transfer Orders

Constitution of India, 1950; Article 226 – Service Law – Transfer Orders – The scope of judicial review is only available when there is a clear violation of statutory provision or the transfer is persuaded by malafide, non-observation of executive instructions does not confer a legally enforceable right to an employee holding a transferable post- in absence of (i) pleadings regarding malafide, (ii) non-joining the person against whom allegation are made, (iii) violation of any statutory provision (iv) the allegation of the transfer being detrimental to the employee who is holding a transferrable post, judicial interference is not warranted. (Para 9-10) [Referred to Union of India and others Vs. S.L. Abbas; (1993) 4 SCC 357,Union of India and another Vs. N.P. Thomas; 1993 Supp (1) SCC 704 , N.K. Singh Vs. Union of India and others;(1994) 6 SCC 98 , Mohd. Masood Ahmad Vs. State of U.P. and others; (2007) 8 SCC 150, State of Punjab Vs. Joginder Singh Dhatt; AIR 1993 SC 2486, Ratnagiri Gas and Power Private Limited Vs. RDS Projects Limited and Ors.; (2013) 1 SCC 524 ]

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