Allahabad High Court in the case of Vijay Kumar Yadav vs. State of U.P. and 8 Others 2025 [WRIT – A No. – 16814 of 2024], addressed the issue of whether a transfer order could be issued as a substitute for disciplinary action. The court examined the facts surrounding the employee’s transfer, noting that multiple complaints had been filed against him, and an inquiry had been conducted. However, the transfer order was issued on the same day that the inquiry report was submitted, which raised concerns about the motive behind the decision. The court referred to the precedent set in Somesh Tiwari vs. Union of India and Others [(2009) 2 SCC 592], where the Supreme Court had established that a transfer order issued as a substitute for disciplinary action is not permissible and could be deemed as an act of malice. The court, in this case, ruled that the transfer was issued in bad faith and was, therefore, unjustified.
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