Constitution of India, 1950
Article 226—Writ—Jurisdiction—Scope of judicial review is not permissible by the courts in exercise of the jurisdiction under Article 226 of the Constitution of India.
[Para 10]
Service Law
Transfer of employee—Judicial interference—Order of Single Judge of High Court upholding order of transfer set aside by Division Bench—Appeal—In absence of (i) pleadings regarding mala fide, (ii) non-joining the person against whom allegation are made, (iii) violation of any statutory provision (iv) the allegation of transfer being detrimental to the employee who is holding a transferrable post, judicial interference is not warranted—In view of the stand taken by the Government and in absence of plea of mala fide and no averment regarding violation of statutory provision taken by the private respondent before the High Court, interference as made by the Division Bench setting aside the well-reasoned judgment of the Single Judge is not justified merely on the unsubstantiated pretext that the proposed modification is arbitrary or without application of mind for the sole reason that it was mooted by the MLA—Division Bench has committed an error in setting aside the judgment of the learned Single Judge—Impugned judgment of Division Bench is set aside and that of Single Judge is restored—Appeal allowed.
[Para 10]