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february 2004

Supreme Court of India · 2004-02-13

Union Of India And Ors vs Sri Janardhan Debanath And Anr

Citation / case number
AIR 2004 SUPREME COURT 1632
Court
Supreme Court of India
Petitioner
Union Of India And Ors
Respondent
Sri Janardhan Debanath And Anr
Author
Arijit Pasayat
Bench
Doraiswamy Raju, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the transfer of employees from the Postal Services Department was impermissible under Rule 37 of the Posts and Telegraphs Manual and violated Rule 15 of the Fundamental Rules, as it was executed as a punitive measure without proper inquiry into alleged misconduct. The Court found that the High Court's decision to quash the transfer order was justified, emphasizing that transfers should not adversely affect seniority or promotional prospects without due process. Consequently, the appeals by the Union of India were dismissed, upholding the High Court's ruling.

Union Of India And Ors vs Sri Janardhan Debanath And Anr · Niyam