KISHAN CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) The Central Government, in the exercise of its powers under Section 3(1) of the All India Service Act, 1981 amended the Indian Forest Service Cadre Rules, 1966 by the Indian Forest Service Cadre Amendment Rules, 2014, which were notified on 21.08.2014.

(2.) Rule 7 of the 1966 Rules was substituted, and a new Rule 7 was inserted. The new Rule 7 relates to postings. Rule 7(4) stipulates that the cadre officer, appointed to any ex-cadre post, shall hold office for such period as may be specified by the State Government for that post, unless, in the meantime, he or she has been promoted, retired or sent on deputation outside the State or training exceeding two months. Rule 7(5) stipulates that the Central Government or the State Government, as the case may be, may transfer a cadre officer before the minimum specified period on the recommendations of the Civil Services Board as specified in the Schedule annexed to the Rules. It is not in dispute that the petitioner, a Deputy Conservator of Forests, is a Cadre Officer governed by the 1966 Rules. The minimum specified period, under Rule 7(4), is admittedly two years. The petitioner was transferred from Nanda Devi at Joshimath to the Office of the Principal Conservator of Forest, Wild Life, by proceedings dated 19.11.2019, before completion of his minimum tenure of two years.

(3.) The Schedule to the 2014 amendment Rules provides for the composition of the Civil Services Board and its functions. Clause 3 of the Schedule prescribes the procedure. Clause 3(a) stipulates that the Civil Services Board shall seek detailed justification from the Administrative Department of the concerned State Government for the transfer of an officer before the specified tenure. Clause 3(b) requires the Civil Services Board: (i) to consider the report of the Administrative Department along with any other inputs it may have from other reliable sources; (ii) obtain the comments or the views of the officer proposed to be transferred based on the circumstances presented to it in justification of the proposal; and (iii) not make recommendation for premature transfer of Cadre Officers unless it has satisfied itself of the reasons for such premature transfer.