Ranbir Singh vs The State of H.P.

Rajiv Sharma, Judge

Petitioner was appointed as a Clerk on 14.2.1994 in the office of Deputy Commissioner, Hamirpur. He remained posted in the office of Deputy Commissioner, Hamirpur with effect from 14.2.1994 to 2001. Thereafter, he was posted as Clerk in the Tehsil Office, Hamirpur with effect from 2001 to 2010. He was transferred from Tehsil Office, Hamirpur to Sub-Tehsil Office, Galore vide office order dated 26.5.2010. He was relieved on 9.9.2010. He joined his duties in Sub-Tehsil Office, Galore on 10.9.2010. Petitioner has been transferred from Sub-Tehsil Office, Galore to Planning Branch in Deputy Commissioner''s Office vide office order dated 26.5.2012. According to the petitioner, he has not been permitted to complete his normal tenure in Sub-Tehsil Office, Galore. It is evident from the reply filed by the respondent-State that petitioner has remained posted within the radius of 25 KMs. The distance between Hamirpur and Galore is 20 KMs. Petitioner has no indefeasible right to remain posted at a particular place of posting.

The transfer is an incident of service. The scope of judicial review in these matters is very limited. The Court can intervene only when the transfer has been made in infraction of any statutory rule or the same is actuated with mala fides. Petitioner has not alleged any specific mala fides in the petition. There is no arbitrariness or unreasonableness in the transfer order whereby the petitioner has been transferred from Sub Tehsil Office, Galore to Planning Branch in the Deputy Commissioner''s office, Hamirpur. Accordingly, we see no merit in the petition and the same is dismissed. Pending application(s), if any, also stands disposed of. No costs.