LATA KATOCH Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner is working as JBT and presently posted as such in Government Primary School, Bari (Bhawarna) District Kangra, H.P. She has now been ordered to be transferred to Government Primary Secondary School, Ghaneta (Palampur), District Kangra, H.P.

(2.) The complaint is that her transfer has been ordered on the basis of a D.O. note issued by the local MLA, respondent No. 4 herein. It is keeping in view such averments, following order came to be passed in this writ petition on 23.09.2019:-

(3.) Consequently, learned Additional Advocate General has produced the record. The averments in the writ petition that the petitioner has been transferred on D.O. note find support from the records as it is the office of the Chief Minister who has recommended her transfer from the present place of posting by way of such note. True it is that this Court in Sanjay Kumar v. State of Himachal Pradesh, 2013 (3) Shimla Law Cases 1373 and also Amir Chand v. 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 v. State of H.P. 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. 1 has not examined the desirability of the transfer of the petitioner in terms of the transfer policy and also as to whether her transfer would be in the larger public interest and rather transferred the petitioner from her present place of posting, merely on the basis of recommendations made by political executive. The impugned order, 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.