Sushil Kumar vs State Of H.P. & Others

Satyen Vaidya, J

Heard. Aggrieved against impugned transfer order dated 29.09.2023, Annexure P-2, whereby petitioner was ordered to be transferred from Gram Panchayat, Burma Papri, Development Block Nahan, District Sirmaur to Gram Panchayat, Bajga, Development Block Pachhad, District Sirmaur, instant petition has been filed.

According to the petitioner impugned order of transfer was not for any administrative exigency or public interest, rather the same had been issued to adjust some person in place of the petitioner. Another ground raised on behalf of the petitioner is that his transfer is in violation of “Comprehensive Guiding Principles-2013” as the petitioner was not allowed to complete his normal tenure in Gram Panchayat, Burma Papri, Development Block, Nahan, District Sirmaur.

Respondents have filed their reply, but have not stated any specific reason for transferring the petitioner vide impugned transfer order without allowing him to complete his normal tenure. Rather, it has been stated that the impugned transfer was effected as there was an approved proposal to transfer one Sh. Ranbir Singh, Panchayat Secretary from Gram Panchayat, Bajga to Gram Panchayat, Burma Papri vice the petitioner.

It is not in dispute that the petitioner was posted in Gram Panchayat, Burma Papri on 15.06.2022. Thus, the next transfer order dated 29.09.2023 transferring the petitioner from Burma Papri to Bajga was within less than 18 months. No doubt, the respondents being employer have a right to transfer its employee, but the action of the employer should be fair and not arbitrary. As noticed above, no reason has come forward from respondents justifying the impugned transfer order, as the petitioner was not allowed to complete his normal tenure. That being so, coupled with the fact that transfer was affected to adjust one Sh. Ranbir Singh also suggests that the administrative action of the respondents was not bona fide.

In the above circumstances, the grievance of the petitioner cannot be said to be unjustified. In order to curtail the arbitrariness in the administrative action, the interference of this Court is required in appropriate cases. The present being one of such cases, the petition is allowed. Impugned transfer order dated 29.09.2023, Annexure P-2, is quashed.

The petition is accordingly disposed of, so also the pending miscellaneous application(s), if any.