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Supreme Court of India 2018-11-15 allowed

Nagorao Shivaji Chavan vs Sunil Purushottam Bhamre & Ors

Bench: 2 — 2

In Brief

A civil servant challenged his transfer from the post of Civil Surgeon, Jalgaon, to Assistant Director in Mumbai, arguing it violated the three-year tenure requirement under Maharashtra's transfer regulation. The Supreme Court held that while three years is the normal tenure, the statute permits transfer in exceptional circumstances or administrative exigency. The transfer was justified by an enquiry committee's findings of financial irregularities and insubordination. The Court set aside the Tribunal and High Court orders, allowed the appeal, and directed the officer to join within 15 days or face disciplinary action, noting his prior history of non-compliance with transfer orders.

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Administrative Law Service Law Transfer of Government Servants Tenure Statutory Interpretation Disciplinary Action

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