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september 2007

Supreme Court of India · 2007-09-18

Mohd. Masood Ahmad vs State Of U.P. & Ors

Citation / case number
AIRONLINE 2007 SC 51
Court
Supreme Court of India
Petitioner
Mohd. Masood Ahmad
Respondent
State Of U.P. & Ors
Author
Markandey Katju
Bench
C.K. Thakker, Markandey Katju

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of a writ petition challenging the transfer of an Executive Officer under the Nagar Palika Parishad, stating that transfers are an exigency of service and should not be interfered with by courts except in rare cases. The Court reiterated that judicial review of transfer orders is limited and can only be exercised if the transfer is shown to be arbitrary, mala fide, or in violation of service rules, as established in various precedents including B.Varadha Rao vs. State of Karnataka and State of Punjab vs. Joginder Singh Dhatt. The appeal was dismissed, affirming the administrative decision of the State Government regarding the transfer.

Mohd. Masood Ahmad vs State Of U.P. & Ors · Niyam