GURMEET KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner, who is serving as a Junior Auditor, Circle Office, Gurdaspur, has filed the instant writ petition impugning the order dated 16.9.2013 at Annexure P-11, whereby she has been transferred to Circle Office, Tarn Taran.

(2.) Learned counsel for the petitioner would assail the transfer primarily on three grounds. In the first instance, counsel would refer to the Transfer Policy/Guidelines dated 30.7.2013 (Annexure P-7) and would submit that in the light of Clause 2 (b) govt. employees/officers, who are to retire within the next two years should be allowed to be posted in the same district or in the same place of posting till their superannuation. It is contended that the petitioner is to retire on 30.7.2015 and accordingly, the impugned transfer of the petitioner to Tarn Taran is in violation of the Transfer Policy/Guidelines. The second submission raised by the petitioner is that the transfer order is bad as the same suffers from malafides. Towards such assertion, counsel would contend that one Ritu Mahajan had filed a written complaint dated 9.7.2012 to the District Controller, Food, Civil Supplies and Consumer Affairs, Gurdaspur in which she had levelled allegations of sexual harassment against one Sumeet Kumar, Clerk (respondent no.6) working in the office of District Controller at Gurdaspur and in which the petitioner had been mentioned as an eye witness. Furthermore, it is submitted that a vigilance case stands registered against respondent no.6 in which the petitioner has also been cited as a witness. Towards such fact, counsel would advert to the document appended along with the petition as Annexure P-4. Counsel would contend that with a clear view to prevail upon the petitioner and to pressurize her not to come forth and make a statement as a witness in such matters, respondent no.6 has ensured the passing of the impugned transfer order.

(3.) The third submission raised by counsel is that the son of the petitioner is suffering from a serious health issue and is undergoing treatment at D.M.C., Ludhiana. It is argued that the house of the petitioner is located at Gurdaspur and on account of dislocation and transfer to Tarn Taran the same shall entail a lot of practical difficulties.