High Court Of Himachal Pradesh
T.U.MEHTA,T.R.HANDA
RAM KRISHAN - Appellant
Versus
DISTRICT EDUCATION OFFICER - Respondent
C. W. P. No. 211 of 1979
Decided On : 09/04/1979
Interference - Transfer of Government Servant - Undesirable interference from outsiders in day-to-day administration of the State
Fact of the Case:
The petitioner, a teacher, filed a writ petition against his transfer from Buchhair to Chanon, citing interference from outsiders in the administration.
Finding of the Court:
The Court expressed disapproval of the interference from outsiders in day-to-day administration and dismissed the writ petition, advising the petitioner to approach his superior officers for genuine grievances.
Issues: Interference in administrative matters, transfer of government servants, public workers' influence on administration
Ratio Decidendi: Undesirable interference from outsiders in day-to-day administration is detrimental to public interest and should be discouraged and stopped.
Final Decision: The writ petition was dismissed, and the petitioner was advised to approach his superior officers for genuine grievances.
T. U. Mehta, C. J.—We have heard the learned Advocate of the petitioner. He states that he wants to withdraw this writ petition and, therefore, we should not record any reasoned order. We have noted this contention, but looking to the facts of the case, we feel it would be in general interest of the administration and the people of this State to record a reasoned order.
2. This is a writ petition filed by a teacher against the order of his transfer from Buchhair to Chanon as found at Annexure PA. The facts of the case which follow reveal how far outsiders who are not supposed to take any interest in day-to-day administration interfere with the administration and obtain orders even as regards transfers of Government servants according to their own wishes.
3. In this case the petitioner was working as a teacher at the place called ChavaL On 31-5-1979 he was transferred from Chawai to Buchhair. He joined his new post at Buchhair on 19-6-1979. Thereafter by the order Annexure PA which is dated 20-6-1979 he was again transferred to Chanon from Buchhair.
4. Against his transfer to Chanon, he claims to have made a representation and approached the Education Minister through the local M L. A. whose name is Shri lshwar pass. As a result of this interference of Ishwar Dass, the Director of Education has passed the following order found at Annexure PB which is dated 16-7-1979 :— "Shri Ishwar Dass, M. L. A. has requested the Education Minister vide his D. O. letter regarding the cancellation of (transfer) of Physical Training Instructors. In which letter the Honble Education Minister has given the remarks "this be done”:
1. The transfer order of Sh. Ram Krishan, P. T. I. Middle School, Buchhair to Middle School Chanon be cancelled.
2. Shri Inder Singh, Middle Tandi who has been transferred to Middle School Sarahar (Kulu) but his transfer was cancelled and now his transfer to Sarhar should be kept as it is. You are therefore, requested to comply with the order of Honble Education Minister. Sd/- for Director of Eduction, Himachal Pradesh. Deputy Director (Sports), Himachal Pradesh (Simla-4). D. E. O. Kulu As desired by Honble Chief Parliamentary Secretary, you are required to issue orders immediately. B. L. Handa D. E. (H. P.)." From the above order which is official order passed by the Director of Education, Himachal Pradesh, it is apparent that various transfers which are mentioned therein have been done on recommendation of one M. L. A. to the Education Minister, and on agreement of the Education Minister to the said recommendations. The order further shows that even the Parliamentary Secretary has taken interest in the matter.
5. The petitioners grievance is that the above quoted order, Annexure PB, is not implemented by the concerned authorities and, therefore, the order Annexure PA by which he was transferred from Buchhair to Chanon should be cancelled.
6. Whether the order found at Annexure PA transferring the petitioner from Buchhair to Chanon is required to be cancelled or not is not the question to be considered in view of the fact that the petitioner has expressed his desire to withdraw this writ petition. We may, however, mention that this Court would not have been inclined to give any relief to a person who is found to have resorted to extra-constitutional means, to secure the desired relief.
7. We are, however, much concerned at the manner in which public workers or those indulging in politics are interfering in the day-to-day administration of the State. This is the first time when we have come across an official order recording such undesirable interference, though in many other matters we are confronted with allegations made by the petitioners that their transfers are made on political grounds or on interference by those who indulge in politics.
8. We hereby record our strong disapproval of such type of interference from outsiders in day-to-day administration of the State. If such interference is to be allowed, it would onl
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