Himachal Pradesh High Court Quashes Arbitrary Transfer of Government Employee
Court rules transfer based on extra-constitutional recommendation is impermissible; emphasizes adherence to public interest and administrative exigency.
In a significant ruling, the Himachal Pradesh High Court has set aside the transfer order of Ramesh Kumar Thakur, a Senior Project Officer at HIMURJA, Dharamshala, who was relocated to Chamba. The court determined that the transfer was effected on the basis of a recommendation by an extra-constitutional authority-specifically, a communication from a government contractor who had no official standing in the department-thereby rendering the transfer arbitrary and contrary to established legal norms.
Presiding Judge, Mr. Sandeep Sharma, emphasized that such transfers must be grounded in public interest or administrative necessity and not used as a tool for personal adjustments or accommodations. The court highlighted that the prerogative to transfer government employees lies solely with the employer, devoid of influence from political or other non-governmental entities.
The judgment underscored the impermissibility of transfers initiated by recommendations from elected representatives or external parties not connected with departmental functions. This position aligns with previous Supreme Court and High Court judgments which have consistently deprecated the practice of politically motivated transfers.
Ramesh Kumar Thakur challenged his transfer, citing medical grounds including hypertension and prostate issues, as well as the undue influence exerted by a contractor whose projects were under scrutiny for delays. The court considered these health concerns, along with his tenure of just over two years at his current posting, as sufficient grounds to intervene in what was deemed an unjust transfer.
Judge Sharma, referencing past cases such as State of Himachal Pradesh v. Tara Devi and others, pointed out that while employees previously benefiting from such politically influenced notes might struggle to contest similar transfers, the inherent arbitrariness and violation of established guidelines warranted judicial intervention.
The judgment concluded by quashing the transfer order, while granting the department the liberty to initiate a transfer in the future, provided it adheres strictly to legal protocols and serves genuine administrative or public interests.
The ruling serves as a reminder of the judiciary's role in upholding fairness and legality in administrative actions, ensuring that government employees are shielded from undue political influence and arbitrary decisions that could impact their professional and personal lives.
Bottom Line:
Transfer of government employee on the basis of recommendations by extra-constitutional authority or political interference is impermissible and arbitrary. Transfer should be based on public interest or administrative exigency and not as a tool to accommodate or adjust individuals.
Statutory provision(s): Transfer of Government Employees, Service Law - Medical Grounds, Comprehensive Guiding Principles on Transfers
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