Kesar Singh vs State of H.P. and Others

Sanjay Karol, J.—In terms of impugned order dated 6.7.2011 (Annexure P-1), Petitioner Kesar Singh stands transferred from Patwar Circle Nadaun, Tehsil Nadaun to Patwar Circle Mit, Tehsil Nadaun vice private Respondent Balbir Singh.

Undisputedly, Balbir Singh has joined the place of his posting and Kesar Singh has also been relieved in absentia. Kesar Singh''s transfer is just at a distance of 4 KMs. from Nadaun, his home town. Simply because Petitioner stands transferred without completion of his normal period of posting, by itself 2 cannot be held to be a ground sufficient enough to hold that the impugned action is illegal. Undisputedly, transfer is necessitated due to administrative reasons and in public interest, which is fully borne out from the record, which we have carefully perused. Petitioner also stands accommodated at a station, which is nearest to his home town. No. injustice or inconvenience whatsoever, can be said to have been caused to him. Transfer is an incident of service and it is the sole prerogative of the State to post an employee at a place best suited, keeping in view administrative exigencies.

From the record, it could not be shown as to how the transfer is actuated by malice, is arbitrary or illegal in any manner. Consequently, the present writ petition being devoid of merits is dismissed.