ARUN KUMAR. Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner is working as JBT teacher in Government Primary School, Sari Chehtigarh, Education Block, Aut, District Mandi, H.P. He has now been ordered to be transferred to Government Primary School, Sara, Education Block, Aut, District Mandi.

(2.) The complaint is that his transfer has been ordered on the basis of a D.O. note issued from the office of Hon'ble Chief Minister. It is keeping in view such averments, following order came to be passed in this writ petition on 21.11.2019:

(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 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 , 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, 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.