SOMESH TIWARI versus UNION OF INDIA AND ORS.

SOMESH TIWARI versus UNION OF INDIA AND ORS.

Transfer order based solely on anonymous, unsubstantiated allegations, especially when found untrue in enquiry, constitutes malice in law and is not sustainable; punitive transfer without lawful foundation is liable to be set aside. Applying 'no work no pay' must account for the conduct of both parties and avoid injustice; in this case, the appellant is to be treated as on leave for the period in question with appropriate leave rules invoked.

Parties
Appellant: Somesh Tiwari; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
16 December 2008
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal partly allowed; High Court judgment modified
Legal Topics
Transfer Order, Malice in Law, No Work No Pay, Leave Rules, Punitive Transfer
Service Law Administrative Law Transfer Order Malice in Law No Work No Pay Leave Rules Punitive Transfer

Case Brief

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Parties

Somesh Tiwari

Appellant

Union of India and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether transfer order based on anonymous, unsubstantiated allegations and in lieu of punishment is valid
  2. 2 Whether the principle of 'no work no pay' applies given the factual context
  3. 3 Whether officer's removal to a harsh posting without justified cause is legal

Ratio Decidendi

Transfer order based solely on anonymous, unsubstantiated allegations, especially when found untrue in enquiry, constitutes malice in law and is not sustainable; punitive transfer without lawful foundation is liable to be set aside. Applying 'no work no pay' must account for the conduct of both parties and avoid injustice; in this case, the appellant is to be treated as on leave for the period in question with appropriate leave rules invoked.

Court Disposition

Appeal partly allowed; High Court judgment modified

Orders

  • Appellant to be treated as on leave from 28th December, 2005 till joining at Bhopal; respondents to pass appropriate order invoking leave rules.
  • Respondents to bear appellant counsel's fee assessed at Rs.50,000/-