AKASH SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) TARUN Agarwala, J. The citizens have a fundamental right to good governance which is possible only if Government servants are politically neutral and are not transferred or otherwise victimised at the instance of a political party or politician.

(2.) TRANSFER is an exigency of service. A Government employee has no choice in the matter of posting. TRANSFERs are to be done only in administrative exigencies and in public interest. No rules have been framed as to how and when a Government servant is to be transferred. However, the State Government, from time to time, comes out with a policy, for transfer of Government servants.

(3.) THE aforesaid policy indicates that a detailed procedure has been evolved as to how and when and under what circumstances a Government employee could be transferred. But the whole question is, whether the policy is being followed? Are the transfers made in accordance with the policy ? Is the State Government following its own policy?