Don't transfer staff at behest of leaders, HC orders Himachal Government

Legal Correspondent

Shimla, April 27

The High Court has directed the state government not to transfer any employee at the behest or on the recommendation of a person belonging to a political party or on the recommendation of a person having nothing to do with the functioning of the administrative department of the employee concerned.

The court clarified that this restraining order would include the Chairmen and Vice-Chairmen of various boards and corporations, who had not been elected but were nominated.

A Division Bench comprising Justice Tarlok Singh Chauhan and Justice CB Barowalia observed that “This artificial empowerment at the hands of the workers and office-bearer(s) of political parties, irrespective of the parties they are affiliated to, needs to be curbed and cannot be encouraged or else the same will result in the breakdown of the rule of law and create anarchy in society”.

The court passed the order on a petition filed by Bhola Dutt, who alleged therein that he had been transferred from Government Senior Secondary School at Bharari in Mandi district to Government Senior Secondary School at Kanda on the recommendation of a local politician.

While staying the transfer order, the court observed that “it is shocking to note that the employees of the state are being ordered to be transferred on the recommendations made by persons, who have nothing to do with the government or the administrative working of the department(s)”.

It stated that “cases are repeatedly coming up before the court wherein the impugned transfers were ordered on the recommendations and the DO note issued by the persons, who have no role or authority in the administrative departments. As a result, hundreds, if not thousands, of cases have flooded this court, virtually choking the system. What is more unfortunate is that despite repeated orders of this court, the state authorities do not seem to have learned the lesson well”.