PRABIR BANERJEE versus UNION OF INDIA AND ORS

PRABIR BANERJEE versus UNION OF INDIA AND ORS

The transfer was validly effected by the Chief Commissioner of Central Excise, Bhopal, exercising powers vested by the Board (including by circular dated 16.1.2003 and prior administrative decisions regarding cadre control), transfer is an incident of service and the circulars of 19.2.2004 and 9.3.2004 did not...

Source-derived case information.

Parties
Petitioner: Prabir Banerjee; Petitioner: Mahender Singh; Respondent: Union of India and Ors
Jurisdiction
India
Judgment Date
05 October 2007
Procedural Posture
Special Leave Petition / S.l.p. Dismissed (judgment)
Outcome
Special Leave Petition dismissed
Legal Topics
Transfer, Inter Commissionerate Transfers, Cadre Controlling Authority, Transfer as Incident of Service, Judicial Review, Administrative Instructions
Service Law Administrative Law Constitutional Law Central Excise Law Transfer Inter Commissionerate Transfers Cadre Controlling Authority Transfer as Incident of Service +2 more

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Parties

Prabir Banerjee

Petitioner

Mahender Singh

Petitioner

Union of India and Ors

Respondent

Procedural Posture

Special Leave Petition / S.l.p. Dismissed (judgment)

Legal Issues

  1. 1 Whether the transfer of the petitioner from Indore (Bhopal zone) to Nagpur (a different zone) was valid and within the competence of the Cadre Controlling Authority
  2. 2 Whether the circulars dated 19.2.2004 and 9.3.2004 prohibit inter-zonal transfers and render the impugned transfer void
  3. 3 Whether transfer is an incident of service under Central Service Rules and the extent to which administrative circulars govern transfers in absence of statutory rules

Ratio Decidendi

The transfer was validly effected by the Chief Commissioner of Central Excise, Bhopal, exercising powers vested by the Board (including by circular dated 16.1.2003 and prior administrative decisions regarding cadre control), transfer is an incident of service and the circulars of 19.2.2004 and 9.3.2004 did not render the impugned inter-zonal transfer void; accordingly the Special Leave Petition was dismissed.

Court Disposition

Special Leave Petition dismissed

Orders

  • Special Leave Petition dismissed
  • No order as to costs