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    <title>2022 (2) TMI 1495 - Supreme Court</title>
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    <description>Transfer guidelines for judicial officers must be applied fairly and non-arbitrarily; here, a mid-term transfer made immediately after an unverified complaint, contrary to the normal policy sequence and unsupported by record, was illegal and vitiated by malice in law. The summary rejection of the officer&#039;s representations for retention or alternate posting ignored relevant material, including family circumstances, and was therefore illegal and arbitrary. In the same factual setting, the resignation could not be treated as voluntary because it was the product of the illegal transfer and abrupt rejection of relief, so the resignation was not a free relinquishment of service. The administrative action and acceptance of resignation were unsustainable, and reinstatement with continuity of service followed, without back wages.</description>
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    <pubDate>Thu, 10 Feb 2022 00:00:00 +0530</pubDate>
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      <title>2022 (2) TMI 1495 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=460701</link>
      <description>Transfer guidelines for judicial officers must be applied fairly and non-arbitrarily; here, a mid-term transfer made immediately after an unverified complaint, contrary to the normal policy sequence and unsupported by record, was illegal and vitiated by malice in law. The summary rejection of the officer&#039;s representations for retention or alternate posting ignored relevant material, including family circumstances, and was therefore illegal and arbitrary. In the same factual setting, the resignation could not be treated as voluntary because it was the product of the illegal transfer and abrupt rejection of relief, so the resignation was not a free relinquishment of service. The administrative action and acceptance of resignation were unsustainable, and reinstatement with continuity of service followed, without back wages.</description>
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      <pubDate>Thu, 10 Feb 2022 00:00:00 +0530</pubDate>
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