19. When Court/ Tribunal may interfere with orders of transfer. Criticism of an employer cannot be construed as indiscipline, Sending telegram to higher officers not misconduct

91. When Court/ Tribunal may interfere with orders of transfer

(i)           the transfer is mala fide or arbitrary or perverse;

(ii)          it adversely alters the service conditions in terms of rank, pay emoluments;

(iii)         guidelines laid down by the department are infringed and lastly,

(iv)         if it is frequently ordered.

[Rajaram Bachhulal v. Union of India. 1992 (6) SLR 16 Central Administrative Tribunal, Bombay Bench.]

92. Criticism of an employer cannot be construed as indiscipline

 “That even criticism of an employer by an employee couched in moderate language been held not to amount to misconduct. No authority is entitled to treat the exercise of a fundamental right (of making adverse comments in the press) as misconduct.”

[1985 (II) LLJ 88 High Court of Kerala]

 

93. Non enumerated misconduct cannot form subject matter of disciplinary action

“An employee cannot be charge sheeted in respect of an act of misconduct which is not provided for in the certified standing orders. Non enumerated misconduct cannot form subject matter of disciplinary action”

[Glaxo Laboratories (P) Ltd VS Labour Court and another 1984 (1) LLJ 14 S C]

 

94. Making direct representation to higher authorities cannot be misconduct and subject matter of disciplinary action.

(1986)ATC 587 Principal Bench, C.S. Manral X UOI.

 

95. Sending telegram to higher officers not misconduct.

WP No. 3526/84 High Court, Rajasthan, Huglag Chandra, Secretary, AIPEU, Bikaner XUOI DOJ 05.11.85.