Supreme Court of India · 2008-12-16
Somesh Tiwari vs Union Of India & Ors
- Citation / case number
- AIR 2009 SUPREME COURT 1399
- Court
- Supreme Court of India
- Petitioner
- Somesh Tiwari
- Respondent
- Union Of India & Ors
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Cyriac Joseph
Judgment text excerpt
The Supreme Court addressed the legality of a transfer order against an Indian Revenue Service officer, which was quashed by the High Court. The Court held that the High Court erred in denying the officer salary for the period following the transfer order, emphasizing that the transfer was based on an unsubstantiated anonymous complaint and that the officer's representation was not adequately considered. The Court ruled that the officer is entitled to his salary during the disputed period, reinforcing the principles of fair administrative action and the right to be heard under Article 14 of the Constitution.