DIWAN CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) By this original application the applicant who is a Work Inspector in the Public Works Department in Rohroo Division has been transferred to Shillai Division in public interest vide Annexure A/1 has assailed the said order of transfer on the grounds that the transfer is arbitrary, punitive and without any public interest or administrative exigency.

(2.) The respondents filed reply claiming that the application is not maintainable and that Courts/Tribunals are not expected to interfere in the working of the administrative system by transferring the officers/officials to proper places and as per service jurisprudence transfer and posting of an employee is the prerogative of the Government, therefore, the present application is not maintainable and since the applicant has not exhausted the remedy available to him, therefore, the application is premature also. On merits it is alleged that the impugned transfer has been made with the approval of competent authority and the applicant could be transferred anywhere in the State, therefore, the applicant is not entitled for an relief.

(3.) We have heard the learned Counsel for the applicant and learned Deputy Advocate General for the respondents.