In a recent judgment of Civil Appeal No. 4129 of 2024, the Supreme Court limited the scope of judicial review in transfer cases, stating that judicial interference is unwarranted unless malafide intention is present.
The appellant challenged a transfer order issued by the State of Arunachal Pradesh, from the Government Higher Secondary School (GHSS) Kanubari, Basar (ST) Assembly Constituency, to another location.
The appellant challenged this transfer order, alleging that it was arbitrary and lacked proper reasoning. The appellant further contended that the transfer was not in the exigencies of service of public interest, but was a result of arbitrary political influence. In counter to this, the State argued that the transfer was made in public interest after due consideration. The main issue before the court was whether the transfer order was valid and whether there was any malafide intent involved in the decision-making process.
The Apex Court referred to various cases such as Union of India and Ors v. S.L. Abbas, and emphasized upon the limited scope of judicial review on transfer cases. It further stated that unless there is any evidence of malafide intent, or violation of statutory provisions, or anything detriment to the employee, judicial interference is not warranted.
CASE NAME:
SRI PUBI LOMBI v. THE STATE OF ARUNACHAL PRADESH Civil Appeal No. 4129 of 2024, (2024 INSC 200)
NAME: Sreenishanka Vadiraj, 6th sem, BBA-LLB(Hons.)PES University, Bangalore, Intern under Legal Vidhiya.
