Thread by @Hareshraichura

Thread : Can a Police Officer seek Stay Order from Court if he is transferred, for not investigating as per wishes of political leader?

1/ The general answer is NO.

2/ Before 1982, if a govt officer was transferred in violation of guidelines, Courts used to stay such transfer

3/ Then a legal principle was evolved, "No govt servant has right to serve at any particular place". (So even if he is transferred in violation of transfer guidelines, no court can grant stay order on transfer.)

This principle of law, put all govt servants at mercy of Admin.

4/ After this principle was evolved, the Courts became helpless.

Though they can see that an honest govt servant is being transferred wrongly, they cannot stay the transfer order..

5/ Inspite of this principle, now and then govt servants used to approach High Court.

Then govt created a Service Law Tribunal and said, no govt can directly approach High Court, they must first go to Tribunals.

This made govt servants completely helpless.

#lawyers #law

6/ So now the situation is like this :

If an IPS officer is transferred arbitrarily by State Governments, or if a CBI Police Officer is transferred arbitration, by Central Govt...:then both have to go to Tribunal. And transfer orders are not stayed however wrong they may be !!