Home Case Index All Cases Central Excise Central Excise + SC Central Excise - 1992 (11) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1992 (11) TMI 204 - SUPREME COURTWhether there is any public interest involved in the transfer of the appellant as Joint Secretary? Held that:- Clause 2(b) of the Fundamental Rules as amended by Uttar Pradesh Fundamental (Second Amendment) Rules, 1981 provides that notwithstanding anything to the contrary contained in these Rules, the Governor may in public interest transfer a government servant to a post in another cadre or to an ex-cadre post. The order dated July 8, 1992 does not recite any public interest. We are also not in a position to discover from the other records available before us whether the transfer of the appellant was in public interest. In the absence of a counter-affidavit or even the relevant records, we are left with no option than to conclude that no public interest is involved. It cannot be gainsaid that transfer is a necessary concomitance of every service; but if such a transfer could be effected only on certain conditions, it is necessary to adhere to those conditions. In this case, “the public interest” being absent, the impugned order of transfer cannot be supported.
|