AIR 2009 SUPREME COURT 1399 ::2009 AIR SCW 854 ::2009 LAB. I. C. 1005 ::2009 (2) SCC 592 ::(2009) 1 Scale 63 ::2009 (1) ESC 124 ::2009 (3) MadLJ727 ::2009 (2) SCT 39 ::2009 (3) ServLR 506

Supreme Court Of India

(From : 2007 (3) MPLJ 162)

Hon'ble Judge(s): Satya Brata Sinha, Cyriac Joseph , JJ

(A) Constitution of India , Art.16— Transfer - Order of transfer passed in lien of punishment - Liable to be set aside being wholly illegal. (Para 20) (B) Constitution of India , Art.16, Art.226, Art.133— Transfer - Enquiry initiated against appellant in terms of allegations contained in anonymous letter - Allegations found to be untrue - Despite same not only order of transfer was passed but to a station, which, according to respondents themselves, was 'harsh' - Second order of transfer was passed without approaching Tribunal where matter was sub judice - Though no order of stay was passed appellant did not join post under second order of transfer - Principle of 'no work no pay' not attracted in such case - Order of High Court modified accordingly. 2007 (3) MPLJ 162 (MP), Reversed. (Para 21 22 28) .....