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Biased transfer in a P.S.U.
04-Aug-2023 (In Labour & Service Law)
i am having professional qualification(CA) and appointed as a specialist officer in P.S.U. Our recruitment process was separate and for specialised work in a particular deptt only. Generally our posting is to that specialised work only. But it is not a hard and fast rule and it depends on mercy of higher authority. If due to biasness etc. I am transferred to other deptt. and/or to a remote rural area- my concern are --
whether it can be challenged in court?
what other legal remedies are available to me??
as my other batchmates are enjoying comfortable posting, can i prove injustice?
The allegation of bias treatmentneeds needs to be proved. There must be certain service rules pertaining to your department or there must be a transfer policy. It can definitely be challenged in the court. For that purpose Complete papers would be required
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Adv. Nitin Chopra
Allahabad | 200+ Answers
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Please go through the employement contract and Standing Rules and Orders of your company everything that relates to transfer and change in work profile. You answer should be there.
Injustice if proved through evidence without valid justification can always be challenged in the court.
Injustice if proved through evidence without valid justification can always be challenged in the court.
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Yes you can challenge the transfer order in writ jurisdiction before hon'ble high Court and high Court may issue mandamus against the order and quash the transfer order as per the departmental rule applies on you, till final disposal court may also stay the effect and operations of the impugned order.
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Adv. Siddhartha Mishra
Allahabad | 100+ Answers
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