KRISHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner is working as JBT Teacher and presently posted as such in Government Primary School, Labrang Kanaum, Education Block, Pooh, District Kinnaur, H.P. He has now been ordered to be transferred to Government Primary School, Shinsho, Education Block, Pooh, District Kinnaur, H.P.

(2.) The complaint is that his transfer has been ordered on the basis of a D.O. note. It is keeping in view such averments, following order came to be passed in this writ petition on 11.12.2019:-

(3.) Consequently, learned Additional Advocate General has produced the record which reveals that the petitioner has been transferred on D.O. note as it is the office of the Chief Minister recommended his transfer from the present place of posting by way of such note. True it is that this Court in Sanjay Kumar vs. State of Himachal Pradesh and others, 2013(3) Shimla Law Cases 1373 and also Amir Chand vs. State of Himachal Pradesh 2013(2) Him. L.R. 648 and in its recent judgment rendered in CWP No.2490 of 2019, titled Dalip Singh versus State of H.P. and Others has held that the Chief Minister and Ministers/elected representatives may recommend the transfer of an employee, however, the transfer order has ultimately to be issued by the Administrative Head on application of mind and uninfluenced by the recommendations so made by the elected representative. In the case in hand, the competent authority, respondent No.2 has not examined the desirability of the transfer of the petitioner in terms of the transfer policy and also as to whether his transfer would be in the larger public interest and rather transferred the petitioner from his present place of posting, merely on the basis of recommendations made by political executive. The impugned order Annexure P-1, as such, is not legally sustainable. The same is accordingly set aside, leaving it open to the respondents to transfer the petitioner, if required, in accordance with law and also the transfer policy.