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february 1998

Supreme Court of India · 1998-02-04

STATE OF U P vs ASHOK KUMAR SAXENA

Citation / case number
SC 1996/74580
Court
Supreme Court of India
Petitioner
STATE OF U P
Respondent
ASHOK KUMAR SAXENA
Author
M. SRINIVASAN K.T. THOMAS
Bench
M. SRINIVASAN K.T. THOMAS

Judgment text excerpt

The Supreme Court held that the High Court's exercise of contempt jurisdiction was a gross abuse of power, as it misinterpreted its own order and unjustly cast a stigma on the appellant, the Engineer-in-Chief of the Department of Irrigation. The Court emphasized that the transfer orders issued by the State Government were valid and that the High Court had overstepped its jurisdiction by intervening in a matter of administrative transfer. The Court set aside the High Court's order, reinstating the authority of the State Government in transfer matters under Article 226 of the Constitution.

STATE OF U P vs ASHOK KUMAR SAXENA · Niyam