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august 2004

Supreme Court of India · 2004-08-05

STATE OF U.P. vs SIYA RAM

Citation / case number
SC 2003/26913
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
SIYA RAM
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT & C.K. THAKKER

Judgment text excerpt

The Supreme Court held that the transfer of an employee in a government service is an administrative action and not punitive unless proven otherwise. The Court emphasized that no employee has a right to remain at a particular post indefinitely, and transfers are essential for public interest and efficiency. The High Court's ruling that the transfer was punitive was set aside as it lacked evidence of mala fides or connection to ongoing disciplinary proceedings, reaffirming the principles established in National Hydroelectric Power Corporation Ltd. v. Shri Bhagwan and Union of India v. Janardhan Debanath under Articles 226 and 227 of the Constitution of India.

STATE OF U.P. vs SIYA RAM · Niyam