LI Network
Published on: 20 September 2023 at 16:30 IST
In a significant legal development, the High Court of Madhya Pradesh has nullified a transfer order, deeming it “punitive” in nature and a violation of administrative principles.
The decision came in response to a writ appeal filed by Gajendra Kumar, a Superintendent Engineer, who had contested the order of relocating him from Indore to Agar, with a show-cause notice and relieving order.
The judgment, delivered on September 11, 2023, by Justice Sushrut Arvind Dharmadhikari and Justice Hirdesh, conveyed, “The order in question would invoke the principle of malice in law as it was not grounded in any relevant factor for issuing a transfer order in the absence of any response to the show-cause notice. It was issued hastily and unlawfully.”
The case centered on the issuance of a show-cause notice to Gajendra Kumar, alleging that he had entered the Chamber of the Managing Director of the M.P. Paschim Kshetra Vidyut Vitran Company Limited in Indore on July 24, 2023, without prior permission. Subsequently, on July 25, 2023, he was transferred to Agar as an Executive Engineer and instructed to assume the new position immediately.
Gajendra Kumar challenged the orders, contending that the orders were beyond the jurisdiction of the Chief General Manager, who lacked the authority to issue transfer and relieving orders.
He further argued that no prior approval was sought from the Managing Director. Additionally, he asserted that the transfer was punitive and lacked administrative justification.
The respondents, including the M.P. Kshetra Vidhyut Vitran Company Limited, maintained that the orders were based on misconduct by Gajendra Kumar, who had entered the Managing Director’s Chamber without permission. They asserted that the Managing Director had indeed approved the orders.
Ultimately, the High Court determined that the orders were punitive and had been hastily issued, leading to a breach of administrative principles. Consequently, the transfer and relieving orders dated July 25, 2023, were invalidated, and the appeal was granted.
Case Name: Gajendra Kumar V. The State of Madhya Pradesh