Transfers of officers must be based on set norms or guidelines and cannot be wielded arbitrarily or mala fide.

Headnote:
Transfer - Administrative Law - The court held that transfers of officers must be based on set norms or guidelines and cannot be wielded arbitrarily or mala fide. It emphasized the need for officers to have freedom from fear of harassment by repeated transfers or transfers ordered at the instance of politicians. The Chief Secretary was directed to file necessary affidavit pointing out rules and regulations for effecting transfers of officers.
Fact of the Case:

The petitioner claimed that his transfer was mala fide and without following any guidelines, while the respondent pointed out that the transfer was due to complaints received against the petitioner.
Finding of the Court:

The court found that transfers of officers should be based on set norms or guidelines and cannot be arbitrary or mala fide. It directed the Chief Secretary to file necessary affidavit pointing out rules and regulations for effecting transfers of officers.
Issues: The issues revolved around the mala fide nature of the petitioner's transfer and the lack of set norms or guidelines for effecting transfers of officers.
Ratio Decidendi: The court emphasized that transfers of officers must be based on set norms or guidelines and cannot be wielded arbitrarily or mala fide. It highlighted the need for officers to have freedom from fear of harassment by repeated transfers or transfers ordered at the instance of politicians.
Final Decision: The Chief Secretary was directed to file necessary affidavit pointing out rules and regulations for effecting transfers of officers.

ORDER

1.Heard learned counsel for the parties.

2. It is the contention of the petitioner that his transfer is mala fide and without following any guidelines for transferring the officers. As against this. it has been pointed out that the petitioner is transferred because certain complaints were received against him. Learned counsel for the petitioner has drawn our attention to Annexure A-2, the additional affidavit filed by the petitioner, which is in the form of noting and order (C&DS) dated 27-8-2000 , which indicates that transfers are effected at the recommendations of either Ministers or MLAs/MPs/MLCs.

3. In our view, transfer of officers is required to be effected on the basis of set norms or guidelines. The power of transferring an officer cannot be wielded arbitrarily, mala fide or an exercise against efficient and independent officer or at the instance of politicians whose work is not done by the officer concerned. For better administration the officers concerned must have freedom from fear of being harassed by repeated transfers or transfers ordered at the instance of someone who has nothing to do with the business of administration.

4. In this set of circumstances, the Chief Secretary, State of U .P. is directed to file necessary affidavit within six weeks from today pointing out rules and regulations for effecting transfers of officers including higher From the Judgment and Order dated 12-1-2001 in WP No. 1557 of 2000 of the High Court of Allahabad at Lucknow officers such as District Magistrates. A copy of Annexure A-2 (p. 124 of the paper-book) be also sent to the Chief Secretary, State of V.P. along with this a order by which the transfers of the officers are effected. Stand over for six weeks.

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