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“An employee on the strength of the transfer policy cannot claim that he cannot be transferred in any manner whatsoever, even when no prejudice has been caused to him.”
The Collegium on 13-03-2024 recommended the transfer to 2 Delhi High Court Judges namely- Justice Sanjeev Sachdeva and Justice V. Kameshwar Rao.
“Petitioner shows a scant regard for the limited scope of intervention with an award in an international commercial arbitration, or for the process of the Court. Pleas have been advanced which are contrary to the record, and many attempts have been made to mislead the Court.”
“Where the plaint is returned under Order VII Rule 10 of the Civil Procedure Code, 1908, on its presentation before the appropriate Court of jurisdiction, the suit will be treated as a fresh suit, and will have to start de novo, and all proceedings before the earlier Court will be rendered a nullity.”
“State shall ensure that the persons with disabilities are not subjected to unnecessary and relentless harassment by being transferred/posted at places where they are unable to get an environment which is conducive for their working.”
The Collegium recommended the transfer of Justice Chandrashekhar from Jharkhand High Court to Rajasthan High Court.
“First progress report of the investigation has been called for in seven years. Moreover, the administrative instruction has not been followed inasmuch as more than thrice transfer of investigation of the case was not permissible.”
Justice Muralidharan, who is currently serving as the Acting Chief Justice of Manipur High Court, had requested that he should be transferred to either his parent High Court or be permitted to continue in the High Court of Manipur.
The Collegium had earlier (03-08-2023) proposed to transfer Justice Jhingan to Gujarat High Court, however, the proposal was pending before the Government since 11-08-2023.
Justice N. Anand Venkatesh of Madras High Court is known within the legal fraternity for his progressive, profound and to the point judgments.
“When public services are disrupted due to an Anganwadi worker’s attitude, the Authority can make appropriate order commensurate with the situation for the interest of the public.”
“Any action of transfer based on political pressure brought by any employee for being posted to a particular place is not only required to be annulled, but such an employee cannot be granted the requested posting”.
The reiteration came after the Collegium deliberated over a reconsideration request submitted by Justice Tagia.
“Once a teacher fulfils the eligibility criteria for transfer, the authority must take steps to fill up the resultant vacancy as per the norms existing within a reasonable time.”
The Collegium on 16-08-2023 reiterated its proposal dated 10-08-2023 to transfer Justice Bhatnagar to Rajasthan High Court.
Justice Sudhir Singh’s transfer from Patna to Punjab and Haryana High Court was originally proposed by the Collegium on 03-08-2023.
“When a manifest illegality by a criminal court resulting in gross failure of justice comes to the notice of the High Court, it is the bounden duty of the High Court as a Constitutional Court to set right the illegality and to ensure that public confidence in the criminal justice system is maintained.”
The Resolution dated 12-07-2023 is a reiteration of the Collegium’s proposal dated 05-7-2023 wherein they had recommended transfer of Justice Manoj Bajaj, Justice D.K. Singh and Justice Gaurang Kanth.
Transfer is not stipulated to be claimed as a matter of right in institutions. The State/Board would thus be justified in laying down a uniform criteria/process for entertaining applications for transfer.
In a high profile case involving senior Congress leader and former Madhya Pradesh Chief Minister Kamal Nath, challenging the order of transfer of proceedings by Income Tax Department involving several transactions of large scale collection of illegal money, the Court opined that (i) there is no absolute right to be assessed in a particular territory and (ii) the inconvenience of assessee has to be balanced against department's right to carry its functions and scope of judicial review is limited.