N.K. SINGH versus UNION OF INDIA AND ORS.

N.K. SINGH versus UNION OF INDIA AND ORS.

The appellant's transfer from C.B.I. to B.S.F. was not vitiated by malafides; there was no violation of Tenure Rules since both C.B.I. and B.S.F. are Central Police Organisations and the total deputation period was complied with; no substantial prejudice to public interest was established; judicial interference is not justified absent proven malafides or detriment to service career.

Parties
Appellant: N.K. Singh; Respondent No. 1: Union of India; Respondent No. 2: Shri Chandrasekhar, Prime Minister of India; Respondent No. 3: Dr. Subramanyam Swami, Union Law Minister; Respondent No. 4: Additional Respondent No. 4
Jurisdiction
India
Judgment Date
25 August 1994
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal, New Delhi, Order Dated 5.4.91 in O.a. No. 733 of 1991
Outcome
Appeal dismissed.
Legal Topics
Transfer of Public Servants, Tenure Rules, Judicial Review, Malafides, Public Interest
Service Law Administrative Law Transfer of Public Servants Tenure Rules Judicial Review Malafides Public Interest

Case Brief

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Parties

N.K. Singh

Appellant

Union of India

Respondent No. 1

Shri Chandrasekhar, Prime Minister of India

Respondent No. 2

Dr. Subramanyam Swami, Union Law Minister

Respondent No. 3

Additional Respondent No. 4

Respondent No. 4

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal, New Delhi, Order Dated 5.4.91 in O.a. No. 733 of 1991

Legal Issues

  1. 1 Whether the transfer of the appellant from C.B.I. to B.S.F. was vitiated by malafides attributed to the then Prime Minister
  2. 2 Whether such transfer was in contravention of the Tenure Rules regulating period of deputation in Central Police Organisations
  3. 3 Whether the transfer was prejudicial to public interest by scuttling sensitive investigation

Ratio Decidendi

The appellant's transfer from C.B.I. to B.S.F. was not vitiated by malafides; there was no violation of Tenure Rules since both C.B.I. and B.S.F. are Central Police Organisations and the total deputation period was complied with; no substantial prejudice to public interest was established; judicial interference is not justified absent proven malafides or detriment to service career.

Court Disposition

Appeal dismissed.

Orders

  • No costs imposed.