One Reason: Why IAS upright officers do not go to Courts to challenge their arbitrary TRANSFERS/SUSPENSIONS
The service law is not supporting them. They are less likely to get stay orders from High Courts. And therefore do not think it wise to approach High Court against arbitrary orders of governments.
SERVICE LAW says three things:
1) No employee has right to work at a particular place. Therefore no stay in transfer matters.
2) No stay against suspension. Because there is no irreparable loss. If IAS officer succeeds in end, he can be compensated in terms of money.
3) The courts can grant stay in transfer and suspension matter only if, malafide or legal malice is seen in government action.
But this is very very difficult to prove from documents in courts.
Thus seems to be the disappointing laws at present. Such laws discourages upright and honest officers to go to court. They suffer injustice in silence.
Haresh Raichura
2/8/13
- Haresh Raichura
The service law is not supporting them. They are less likely to get stay orders from High Courts. And therefore do not think it wise to approach High Court against arbitrary orders of governments.
SERVICE LAW says three things:
1) No employee has right to work at a particular place. Therefore no stay in transfer matters.
2) No stay against suspension. Because there is no irreparable loss. If IAS officer succeeds in end, he can be compensated in terms of money.
3) The courts can grant stay in transfer and suspension matter only if, malafide or legal malice is seen in government action.
But this is very very difficult to prove from documents in courts.
Thus seems to be the disappointing laws at present. Such laws discourages upright and honest officers to go to court. They suffer injustice in silence.
Haresh Raichura
2/8/13
- Haresh Raichura
