SEKAR REPORTER

“Ultimately, Mr. M. Ravi, the learned counsel for the applicant submitted that when the applicant has complained against the 3rd respondent and it is only at the 3rd respondent’s complaint against the applicant, the impugned orders of transfer came to be issued. When there are complaint and counter complaint between two officers, the higher officer cannot become the judge of her own cause and issued an order penalizing the other official. The 3rd respondent cannot pass any order of transfer without the approval of the next higher authority, ie.. the 1st respondent, herein. The impugned order is not only issued with mala fide motives and illegalities but also suffer from the wise of malice in law. Hence, the same is liable to be set aside and the applicant is entitled to the relief prayed for by him.”https://sekarreporter.com/transfer-order-quashed-honble-mr-m-swaminathan-judicial-member-adv-mravi/#:~:text=Ultimately%2C%20Mr.%20M,for%20by%20him.

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“Ultimately, Mr. M. Ravi, the learned counsel for the applicant submitted that when the applicant has complained against the 3rd respondent and it is only at the 3rd respondent’s complaint against the applicant, the impugned orders of transfer came to be issued. When there are complaint and counter complaint between two officers, the higher officer cannot become the judge of her own cause and issued an order penalizing the other official. The 3rd respondent cannot pass any order of transfer without the approval of the next higher authority, ie.. the 1st respondent, herein. The impugned order is not only issued with mala fide motives and illegalities but also suffer from the wise of malice in law. Hence, the same is liable to be set aside and the applicant is entitled to the relief prayed for by him.”
https://sekarreporter.com/transfer-order-quashed-honble-mr-m-swaminathan-judicial-member-adv-mravi/#:~:text=Ultimately%2C%20Mr.%20M,for%20by%20him.

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