Fatehabad DC’S plea challenging his transfer dismissed

COURTS DO NOT INTERFERE WITH TRANSFERS MADE IN PUBLIC INTEREST AND FOR ADMINISTRATIVE REASONS: TRIBUNAL

CHANDIGARH: The Central Administrative Tribunal (CAT) on Wednesday dismissed the plea of Fatehabad deputy commissioner (DC) Ravi Prakash Gupta, a 100% differently abled IAS officer, challenging his transfer as director general, Swarna Jayanti Haryana Institute of Fiscal Management.

Gupta, who appeared in person, argued that he was posted as Kaithal DC in 2016, but was transferred as director, food and supplies, Haryana, and special secretary, food and supplies department, within seven months.

In 2017, Gupta said, he was given charge of director, medical education and research, Haryana; special secretary, medical education and research department and chief vigilance officer, Huda (now known as Haryana Shahari Vikas Pradhikaran).

He was posted as Fatehabad DC in December 2019 and transferred from the post in May 2020 during Covid -19 outbreak. He had alleged that his transfers were against IAS (Cadre) Amendment Rules.

The state of Haryana, in its reply, argued that his transfer was made keeping in view the Covid-19 situation as “DCS and DMS have to play a pivotal role and as such, some of them were required to be transferred from their districts.”

The tribunal in its order also said that “courts do not interfere with transfers which are made in the public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of mala fide”.

It also noted that Gupta was not the only officer who was transferred. 100% visually impaired Gupta was initially allocated to Chhattisgarh state. However, under policy decision for transfer of disabled persons, he was transferred to Haryana cadre in 2015.