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december 2008

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.

Somesh Tiwari vs Union Of India & Ors · Niyam