In Brief
A female Additional District & Sessions Judge was transferred mid-term from Gwalior to Sidhi (507 km away) on 8 July 2014. She made two representations seeking retention or alternative posting given her daughter's Class 12 board examinations, both rejected within days without following the Transfer Policy procedure. She resigned on 15 July 2014. The Judges Inquiry Committee found the transfer irregular and recommended reinstatement. The Supreme Court held that the transfer violated the Transfer Policy, contravened the principle of legitimate expectations, and was mala fide. The representations were rejected arbitrarily without due consideration. The resignation, driven by circumstances leaving her no reasonable choice as a mother, was not voluntary. The Court quashed the resignation's acceptance and ordered reinstatement with service continuity (but no back wages).
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