https://www.taxtmi.com/css/info/rss_sitemap/rss_feed.css?v=1746094055 https://www.taxtmi.com Business/Tax/Law/GST/India/Taxation/Policies/Legal/Corporate Tax/Personal Tax/Vat Law/Legal Information/Tax Information/Legal Services/Tax Services Tax Management India. Com / MS Knowledge Processing Pvt. Ltd. All rights reserved. One stop solution for Direct Taxes and Indirect Taxes https://www.taxtmi.com/caselaws?id=460701 https://www.taxtmi.com/caselaws?id=460701 Legality of order transferring the Petitioner from Gwalior to Sidhi dated 8th July 2014 - legality of order rejecting the Petitioner s representations - resignation of the Petitioner dated 15th July 2014 can be considered to be voluntary or the one which has been forced due to circumstances. HELD THAT:- The Petitioner has established that her transfer order was in contravention of the Transfer Policy and that the rejection of her two representations, in addition of being contrary to the Transfer Policy, were also arbitrary. As such, the Petitioner has discharged her burden and the onus is shifted on the Respondent No. 1 to show that the Petitioner s transfer order was fair and reasonable in the facts and circumstances of the case. We find that the Respondent No. 1 has utterly failed to discharge its burden. On the contrary, the admissions made before the JIC by the then Judge on the Transfer Committee clearly show that the transfer was made solely on the basis of the complaint made by the then D SJ, Gwalior without verifying the veracity thereof. Not only this, but it is evident that the then Judge had not looked into the annexures attached with the representation, which included the fee receipts etc. of the Petitioner s daughter. It is trite that the State is under the obligation to act fairly without ill will or malice--in fact or in law. Legal malice or malice in law means something done without lawful excuse. It is an act done wrongfully and wilfully without reasonable or probable cause, and not necessarily an act done from ill feeling and spite. Where malice is attributed to the State, it can never be a case of malice or spite on the part of the State. It would mean exercise of statutory power for purposes foreign to those for which it is in law intended . It means conscious violation of the law to the prejudice of another, a depraved inclination on the part of the authority to disregard the rights of others. The Petitioner s resignation dated 15th July 2014, could not be construed to be voluntary. In any case, immediately in a fortnight, on 1st August 2014, the Petitioner had made a representation to Hon ble the President of India as well as the Chief Justice of India, with a copy to the Chief Justice of the MP High Court for reconsideration of the circumstances under which, she was left with no option but to resign. Though, it may not be possible to observe that the Petitioner was forced to resign, however, the circumstances enumerated hereinabove, would clearly reveal that they were such, that out of frustration, the Petitioner was left with no other alternative. Conclusion - i) The Petitioner s resignation from the post of Additional District Sessions Judge, Gwalior dated 15th July 2014, cannot be construed to be voluntary and as such, the order dated 17th July 2014, passed by the Respondent No. 2. ii) The Respondents are directed to re-instate the Petitioner forthwith as an Additional District Sessions Judge. Though the Petitioner would not be entitled to back wages, she would be entitled for continuity in service with all consequential benefits with effect from 15th July 2014. Petition allowed in part. Case-Laws Indian Laws Thu, 10 Feb 2022 00:00:00 +0530