Dr. Om Kumar vs State Of Uttarakhand And Others

Ramesh Ranganathan, CJ

Heard Mr. Bhagwat Mehra, learned counsel for the petitioner and Ms. Puja Banga, learned Brief Holder for the State of Uttarakhand and, with their consent, the writ petition is disposed of at the stage of admission.

The petitioner, a Veterinary Officer Grade-II working at Kotdwar, District Pauri Garhwal, was transferred on administrative grounds to Khaliyanbangar, District Rudraprayag vide order dated 22.06.2019. A common order was passed regarding compulsory transfer of several employees from accessible to inaccessible areas, from inaccessible to accessible areas, and transfers on request. The petitioner was, however, the only employee who was transferred on administrative grounds.

It is the petitioner's case that, since he joined at Kotdwar in September, 2017, and has not even completed two years of service thereat, he is not eligible to be transferred under the Compulsory Transfers category i.e. compulsory transfer from accessible areas to inaccessible areas; and the order of transfer, on administrative grounds, is in violation of Section 18(4) of the Uttarakhand Annual Transfer for Public Servants Act, 2017.

The Uttarakhand Annual Transfer for Public Servants Act, 2017 is an Act which prescribes a procedure for proper, impartial, objective and transparent annual transfers of Uttarakhand Public Servants. While an elaborate mechanism is provided under the Act for compulsory transfer both to accessible and inaccessible areas and vice-versa, for transfers on request, and on medical grounds, it also confers power on the Authority, even in cases where none of the aforesaid contingencies apply, to transfer an officer on administrative grounds. In the present case, the impugned order itself records that the petitioner is being transferred on administrative grounds.

While the competent authority has, undoubtedly, the power to transfer an employee on administrative grounds, such power is circumscribed by the conditions stipulated under Section 18(4) of the Act. Section 18(4) of the Act stipulates that, in addition to annual and general transfer the procedure for other transfers shall be subject to certain conditions. In terms of Clause (4) of Section 18 of the Act, transfer of an employee may be made on administrative grounds on enquiry, on grounds of serious complaints of misconduct, misbehavior with senior officers and lack of interest in work etc. after necessary enquiry and confirmation. Under the proviso thereto, transfer on administrative grounds shall not be made casually or on the basis of complaints of a routine nature; and, in the orders of such transfer, it shall be necessary to mention administrative grounds. Section 18(4) obligates that the order of transfer should mention the administrative grounds which necessitated such a transfer. Mere use of the words "on administrative grounds" would, therefore, not suffice, and the administrative grounds, for which the transfer is being effected, should be spelt out.

The impugned order does not specify what administrative grounds weighed with the competent authority in effecting transfer of the petitioner from one place to another. Since the power to transfer is circumscribed by the statutory provisions of the 2017 Act, transfer cannot be effected contrary thereto, even if it be in administrative exigencies. The competent authority is obligated in law to state what administrative grounds were taken into consideration for effecting transfer of the petitioner from one place to another.

While we were initially inclined to grant stay of the order of transfer till the respondents file their counter affidavits, Ms. Puja Banga, learned Brief Holder for the State of Uttarakhand, would submits that, instead of keeping the writ petition pending on its file, this Court may permit the respondents to assign reasons, for effecting transfer on administrative grounds, and to pass an order afresh. In the light of the submissions of the learned Brief Holder, we set aside the impugned order, leaving it open to the respondents, if they so choose, to pass an order afresh furnishing details of the administrative grounds which necessitated transfer of the petitioner from one place to another.

The writ petition is, accordingly, disposed of.

No costs.