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2013 Supreme(HP) 46

DEEPAK GUPTA, RAJIV SHARMA
Amir Chand – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the petitioner:Ms. Jyotsna Rewal Dua, Advocate.
For the respondents:Mr. Vivek Singh Thakur, Additional Advocate General, and Mr. Rajesh Mandhotra, Deputy Advocate General.
For the petitioner:Mr. Vikrant Thakur, Advocate.
Mr. Lovneesh Kanwar, Advocate, for respondent No. 3.
For the petitioner:Mr. Anup Rattan, Advocate.
For the petitioner:Mr. C.S. Thakur, Advocate.
For the petitioner:Mr. Rajiv Rai, Advocate.

JUDGMENT

Deepak Gupta, J.

This Court is flooded with litigation filed by employees aggrieved by their transfer and sometimes, even by their nontransfer when they are not shifted out of tribal areas. The time has come when we must lay down the law with regard to the powers of the legislators to influence transfers. Should political pressure and political influence be necessary to run the administration? Should transfers be ordered on the asking of the legislators, members of a particular ruling party, persons belonging to certain groups without even making a reference to the administrative department concerned? Is the policy of transfer always binding upon the Government and its employees or can the Government flout with impunity the policy framed by it? No doubt, the employer is the master and can decide which employee is to be posted at which particular place, but we must remember that we are governed by the Constitution of India. Does not each and every employee have a right to claim that he should be treated fairly? Why is it that favoured employees, who are either well connected or can exercise political or bureaucratic clout are never transferred out of the main cities and thos














































































































































































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