Vishal Rana, Hamirpur

The Himachal Pradesh High Court has canceled the transfer order of Naib Tehsildar Deshraj, who was serving in the Touni Devi subdivision of Hamirpur district. The court termed the transfer order arbitrary and directed the government to allow the petitioner to continue serving in Touni Devi for a reasonable period. Moreover, the High Court expressed strong criticism of the government’s functioning, stating that no employee should be transferred arbitrarily without valid justification at the whim of the executive authority.

The Case Overview
Naib Tehsildar Deshraj was transferred from Touni Devi to Nither in Kullu district. Challenging this decision, Deshraj filed a petition in the High Court. Justice Ajay Mohan Goel, presiding over the case, declared the transfer order unreasonable. The court highlighted that while transfers are part of service, employees expect to serve at a station for a fair duration, irrespective of whether they are Class I or Class II employees.

The government argued that the transfer policy does not apply to Class I and Class II employees. However, the court dismissed this reasoning, asserting that employees, regardless of their rank, cannot be treated as mere pawns subject to arbitrary transfers without valid administrative or public interest reasons.

Court’s Observations and Rulings
The High Court emphasized that:

1. Transfers Must Be Justified: Transfers are a prerogative of the employer, but they must be executed in a fair manner, grounded in administrative needs or public interest.
2. Arbitrary Actions Are Unacceptable: No employee, whether in Class I or II, can be transferred solely at the discretion of the executive authority without valid reasons.
3. Government Accountability: The court criticized the government for failing to provide any valid administrative or public interest rationale for Deshraj’s transfer.
Key Details of the Case
Deshraj was promoted and posted to Touni Devi in January 2024, having previously served in Sandhol, Mandi district. Sandhol and Touni Devi are about 50 kilometers apart. The petitioner completed his standard tenure in Sandhol before his transfer. After just eight months in Touni Devi, he was transferred to Nither. The government justified the transfer, citing compliance with state policies and ministerial approval. However, the court found no evidence of administrative necessity or public interest to back the decision.

Final Verdict
The High Court declared the transfer order invalid, stating it was an abuse of power by the authority. It concluded that the transfer was neither in the public interest nor required for administrative purposes. Consequently, the transfer order was revoked, and the petitioner’s plea was accepted.

This ruling serves as a reminder to the government to adhere to principles of fairness and transparency in administrative decisions.