SANDEEP KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed, challenging the order of transfer dated 27.01.2021 (Annexure P-16) by which, the petitioner has been transferred from HPHC Division, Panchkula to HPHC Division, Faridabad; with a further prayer that the show cause notice, which has been issued on 27.01.2021 be also set aside.

(2.) The petitioner, in the present writ petition has stated that the transfer order of the petitioner is liable to be set aside as the same is passed in violation of the provisions of the transfer policy of the year 2020. Learned counsel for the petitioner argues that the petitioner was posted at Panchkula only in the year 2019 and he is yet to complete the minimum required period of three years at Panchkula and therefore, the transfer of the petitioner from HPHC Division, Panchkula to HPHC Division, Faridabad is contrary to the said transfer policy.

(3.) The transfer policy, violation of which is being alleged, appended as Annexure P-18, shows that the same is only applicable where the cadre strength of a post is more than 500 sanctioned posts and above. Learned counsel for the petitioner concedes that the cadre strength of the post on which the petitioner is working is not beyond 500 sanctioned post. That being so, the reliance being placed by learned counsel for the petitioner on the transfer policy dated 13.02.2020 (Annexure P-18) to challenge the transfer order dated 27.01.2021 (Annexure P-16) is totally misplaced and cannot be accepted as the same is not applicable in his case.