Hindustan Times (Patiala)

‘Transfer policy should not be taken lightly’

- HT Correspond­ent letterschd@hindustant­imes.com

DIVISION BENCH DIRECTS THE CHIEF SECRETARY TO TAKE APPROPRIAT­E ACTION IN CASE OF TRANSFER OF EMPLOYEES MADE BY HP GOVERNMENT ON THE RECOMMENDA­TIONS OF EXTRA-CONSTITUTI­ONAL AUTHORITIE­S

SHIMLA: Taking strong exception to the transfer of employees being made by the state government on the recommenda­tions of extra-constituti­onal authoritie­s, the high court of Himachal Pradesh has directed the chief secretary to take appropriat­e action in the matter and implement the directions issued by the court.

A division bench comprising Justice Tarlok Singh Chauhan and Justice Jyotsna Rewal Dua passed these orders on a writ petition filed by one Vipender Kalta, challengin­g his transfer order. The petitioner has alleged that the transfer has neither been made in public interest nor administra­tive exigency, rather the same has been made on the basis of a DO Note and therefore the same is not legally tenable.

While allowing the petition, the court observed that the recommenda­tions to transfer the petitioner has been mooted by an extra-constituti­onal authority, which has no role in the functionin­g and business of the administra­tion, therefore, the impugned transfer of the petitioner cannot be sustained.

The court observed that the government is the best judge to decide how to distribute and utilise the services of its employees, however, this power must be exercised honestly, bona fide and reasonably and in public interest.

The bench said that courts and tribunals are not expected to interdict the working of the administra­tive system by transferri­ng the officers to the proper place, however, it becomes necessary for the court to interfere when it notices gross irregulari­ties being committed by the government in the matters of transfer. The court observed that it’s time to turn the searchligh­t on the state government and remind it that the transfer policy should not be taken lightly or made a mockery or a tool to transfer government employees on the whims and fancies of the politician­s. The court said that government should not encourage such extra-constituti­onal authoritie­s to interfere with the administra­tion and governance of the state, or else, there is every likelihood of there being a complete breakdown of rule of law.

‘Govt should frame online transfer policy’

The high court also observed that since the docket of the court is full of cases related to transfers of employees, the government should implement online transfer in its department­s, boards, corporatio­ns, having over 500 employees by framing an online transfer policy and directions to this effect have already been issued by the court in various writ petitions.

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