POMILA Vs. STATE OF H.P.

JUDGEMENT

(1.) Aggrieved by the order of transfer, the petitioner has filed the instant petition for grant of the following relief:-

(2.) Records reveal that not only the petitioner, but as many as fifteen other employees were recommended to be transferred at the instance of the local MLA and unfortunately the same was also "approved as requested" by the competent authority without even consulting the Administrative Department.

(3.) It is more than settled that an elected representative can only propose the transfer of an employee, that too for genuine and cogent reasons and not by usurping the authority of the administrative department, who alone is competent to issue the orders of transfer after due application of mind. Obviously, the administrative department in such circumstances, had no choice whatsoever, but to implement the recommendations made by the local MLA as approved aforesaid.