Lakhmi Chand vs State Of Haryana And Others

The petitioner is seeking quashing of the order dated 18.12.2019 (Annexure P-1), whereby he has been transferred from Narnaul to Sahabazpur.

Learned counsel for the petitioner states that earlier, the petitioner was transferred as Sheet Metal Instructor at Narnaul vide order dated 27.03.2019. The present transfer has been made within a period of nine months. He further states that the impugned transfer has been made on the request of Mr. Arun Kumar-respondent No. 5, who is now transferred Narnaul.

Notice of motion.

On the asking of the Court, Mr. Kiran Pal Singh, AAG, Haryana, accepts notice on behalf of respondent-State and on instructions from Niranjan Singh, Superintendent and Dharmender Singh, Assistant, informs that these transfers were made by relaxing the transfer policy. He further informs that there was no complaint against the petitioner and no request was made by Arun Kumar for his transfer to Narnaul.

Keeping in view that the petitioner was posted in Narnaul vide order dated 27.03.2019, no ground is made out to transfer him at Sahabazpur within a period of 09 months by relaxing the provisions of the transfer policy. Moreover, no request was made by aforesaid Arun Kumar to transfer him at Narnaul, where the petitioner was already working.

In view of the said fact, impugned transfer order dated 18.12.2019 (Annexure P-1) qua present petitioner, is set aside.

Allowed accordingly.