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.