DILBAG SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Pursuant to previous orders, an affidavit of Sh.Vikas Gupta, Director General, State Transport, Haryana, has been filed in Court today by learned State counsel, with the Director General also present in Court. Reasons for why earlier the orders of this Court, directing therein filing of the affidavit, were not complied with, have been given in the affidavit filed, which are not being gone into in detail and the explanation given in the affidavit today, it having been now filed, is accepted by this Court.

(2.) Coming to the merits of controversy in all these petitions, as to transfers of drivers and conductors in the Haryana Roadways from one depot to another, this Court has already dealt with that issue vide its judgment dated 01.09.2017, passed in CWP no.17899 of 2017 and connected petitions.

(3.) As regards clause (i) of the policy, it stipulating that an employee may generally not be transferred out of his current place of posting before he has completed two years at that post, except for compelling administrative reasons, no 'interpretation' is called for by this Court, except to the extent already stated in the order dated 01.09.2017, that if there are such compelling administrative reasons for a transfer before 2 years, they would be spelt out in detail in the order of transfer, with such reasons to be genuine and not simply because a person is being transferred at the whim and fancy of some functionary or the other in the government / department.