Court Must Conduct Inquiry on Mental Competency Before Appointing Legal Guardian - Punjab and Haryana High Court Right to Bail Cannot Be Denied Merely Due to the Sentiments of Society: Kerala High Court Grants Bail in Eve Teasing Case Supreme Court Extends Probation to 70-Year-Old in Decades-Old Family Feud Case Authorized Railway Agents Cannot Be Criminally Prosecuted for Unauthorized Procurement And Supply Of Railway Tickets: Supreme Court Anticipatory Bail Cannot Be Denied Arbitrarily: Supreme Court Upholds Rights of Accused For Valid Arbitration Agreement and Party Consent Necessary: Supreme Court Declares Ex-Parte Arbitration Awards Null and Void NDPS | Lack of Homogeneous Mixing, Inventory Preparation, and Magistrate Certification Fatal to Prosecution's Case: Punjab & Haryana High Court "May Means May, and Shall Means Shall": Supreme Court Clarifies Appellate Court's Discretion Under Section 148 of NI Act Punjab & Haryana High Court Orders Re-Evaluation of Coal Block Tender, Cites Concerns Over Arbitrary Disqualification Dying Declarations Must Be Beyond Doubt to Sustain Convictions: Madhya Pradesh High Court Acquits Accused in Burn Injury Murder Case No Legally Enforceable Debt Proven: Madras High Court Dismisses Petition for Special Leave to Appeal in Cheque Bounce Case Decisional Autonomy is a Core Part of the Right to Privacy : Kerala High Court Upholds LGBTQ+ Rights in Landmark Habeas Corpus Case Consent of a Minor Is No Defense Under the POCSO Act: Himachal Pradesh High Court Well-Known Marks Demand Special Protection: Delhi HC Cancels Conflicting Trademark for RPG Industrial Products High Court Acquits Accused Due to ‘Golden Thread’ Principle: Gaps in Medical Evidence and Unexplained Time Frame Prove Decisive Supreme Court Dissolves Marriage Citing Irretrievable Breakdown; Awards ₹12 Crore Permanent Alimony Cruelty Need Not Be Physical: Mental Agony and Emotional Distress Are Sufficient Grounds for Divorce: Supreme Court Section 195 Cr.P.C. | Tribunals Are Not Courts: Private Complaints for Offences Like False Evidence Valid: Supreme Court Limitation | Right to Appeal Is Fundamental, Especially When Liberty Is at Stake: Supreme Court Condones 1637-Day Delay FIR Quashed | No Mens Rea, No Crime: Supreme Court Emphasizes Protection of Public Servants Acting in Good Faith Trademark | Passing Off Rights Trump Registration Rights: Delhi High Court A Minor Procedural Delay Should Not Disqualify Advances as Export Credit When Exports Are Fulfilled on Time: Bombay HC Preventive Detention Must Be Based on Relevant and Proximate Material: J&K High Court Terrorism Stems From Hateful Thoughts, Not Physical Abilities: Madhya Pradesh High Court Denies Bail of Alleged ISIS Conspiracy Forwarding Offensive Content Equals Liability: Madras High Court Upholds Conviction for Derogatory Social Media Post Against Women Journalists Investigation by Trap Leader Prejudiced the Case: Rajasthan High Court Quashes Conviction in PC Case VAT | Notice Issued Beyond Limitation Period Cannot Reopen Assessment: Kerala High Court Fishing Inquiry Not Permissible Under Section 91, Cr.P.C.: High Court Quashes Trial Court’s Order Directing CBI to Produce Unrelied Statements and Case Diary Vague and Omnibus Allegations Cannot Sustain Criminal Prosecution in Matrimonial Disputes: Calcutta High Court High Court Emphasizes Assessee’s Burden of Proof in Unexplained Cash Deposits Case Effective, efficient, and expeditious alternative remedies have been provided by the statute: High Court Dismisses Petition for New Commercial Electricity Connection Maintenance Must Reflect Financial Realities and Social Standards: Madhya Pradesh High Court Upholds Interim Maintenance in Domestic Violence Land Classified as Agricultural Not Automatically Exempt from SARFAESI Proceedings: High Court Permissive Use Cannot Ripen into Right of Prescriptive Easement: Kerala High Court High Court Slams Procedural Delays, Orders FSL Report in Assault Case to Prevent Miscarriage of Justice Petitioner Did Not Endorse Part-Payments on Cheque; Section 138 NI Act Not Attracted: Madras High Court Minority Christian Schools Not Bound by Rules of 2018; Disciplinary Proceedings Can Continue: High Court of Calcutta Lack of Independent Witnesses Undermines Prosecution: Madras High Court Reaffirms Acquittal in SCST Case Proceedings Before Tribunal Are Summary in Nature and It Need Not Be Conducted Like Civil Suits: Kerala High Court Affirms Award in Accident Claim Affidavit Not Sufficient to Transfer Title Punjab and Haryana High Court

Judicial Interference Justified Only in Clear Statutory Violation or Malafide Action: Supreme Court in Employee Transfer Case

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Supreme Court of India, in the case Sri Pubi Lombi vs. The State of Arunachal Pradesh, restored the order passed by the Single Judge and set aside the judgment of the Division Bench, emphasizing the limited scope of judicial review in matters of employee transfer. The Bench comprising Justices J.K. Maheshwari and Sanjay Karol, in their judgment dated March 13, 2024, underscored the principle that judicial interference in transfer orders is justified only in instances of statutory violations, malafide actions, or infringement of norms.

The judgment revolved around the legal question of the extent to which courts can exercise judicial review over decisions pertaining to the transfer of employees. The Supreme Court reaffirmed the established principle that courts should interfere minimally in transfer matters, only stepping in when there is a clear violation of statutory provisions, evidence of malafide intent, or non-compliance with established norms.

The appellant, Sri Pubi Lombi, challenged the decision of the Gauhati High Court's Division Bench which had set aside the Single Judge's ruling that upheld his transfer order. The Division Bench had earlier found that the transfer was not in public interest and lacked reasoned decision-making, as it was initiated based on a UO Note from a Member of the Legislative Assembly, without any administrative exigency or substantiation of public interest.

Justice J.K. Maheshwari, in the judgment, reiterated the limited scope of judicial review in matters of transfer, stating, “Unless the order of transfer is vitiated by mala fides or is made in violation of any statutory provisions, the court cannot interfere with it.” The Court distinguished between malafide in fact and in law, observing that a mere recommendation by an MLA does not inherently vitiate a transfer order. The Court found no malafide intent or violation of statutory provisions in the appellant's transfer and thus restored the Single Judge's order, which had dismissed the writ petition challenging the transfer.

The Supreme Court also highlighted the need for reasoned decision-making in administrative actions, noting that while the authorities must apply their minds, the Courts' role is limited to ensuring legal and procedural compliance.

The Civil Appeal was allowed, setting aside the judgment of the Division Bench of the High Court and restoring the order of the learned Single Judge. This decision reaffirms the judiciary's deference to administrative decisions in matters of employee transfer, barring cases of clear legal violations or malafide actions.

Date of Decision: March 13, 2024

Sri Pubi Lombi vs. The State of Arunachal Pradesh & Ors.

Similar News