Transfers should be made in public interest and administrative exigencies, not on extraneous considerations or at the behest of public representatives. A fair and balanced transfer policy should be implemented, and established legal principles in transfer matters should be followed.

JUDGMENT :

TARLOK SINGH CHAUHAN, J.

1. It is for the second time that the petitioner has been compelled to approach this court seeking quashment of his transfer, which has been effected on the basis of U.O. Note No. Secy./C.M-7004/2012-VIP-B-143360 dated 17.6.2014 received from the office of Hon'ble Chief Minister.

2. Initially the petitioner vide order dated 7.2.2014 was ordered to be transferred from Horticulture Extension Centre, Sundla, Development Block Salooni, District Chamba to Plant Protection Centre, Ratnari Development Block, Jubbal & Kotkhai, District Shimla against the vacancy. This order had been effected on the basis of D.O. No. Secy/CM-07004/ 2012-VIP-B-114510 dated 10.01.2014. The petitioner approached this court by filing CWP No. 1261 of 2014 and the said transfer was cancelled on the basis of the decision of this court in Amir Chand vs. State of Himachal Pradesh 2013 (2) Him. L.R. (DB) 648, to which decision we shall advert to later.

3. Thereafter vide order dated 3rd August 2014 the petitioner was again transferred to the said station. This transfer has been assailed on the ground that the same is illegal, arbitrary and against the settled norms and the petitioner has been transferred to a distance of nearly 500 kilometers without taking into consideration that his children are studying in 9th and 6th class, respectively. These generalized grounds appear to have been taken because the office order dated 3.8.2014 on the face of it appears to be innocuous.

4. But then the cat is out of the bag when the respondents filed the reply wherein it has been averred that respondents had received numerous complaints against the petitioner from public representatives of nearby Panchayat (s), which compelled the authorities to effect the transfer. It is the further case of the respondents that right from the date of his appointment on 7.10.1988, the petitioner has remained in and around his home district i.e. Chamba. So far so good. The respondents then have placed on record letter dated 15th July 2014, a perusal whereof reveals that petitioner has again been transferred on the basis of U.O. note, as would be clear from the contents of letter, which is reproduced here in below:

“Sir,

On the above cited subject, the U.O. note No. Secy./C.M-7004/2012-VIP-B-143360, dated 17.6.2014 received from the office of Hon'ble Chief Minister H.P. vide which Sh. Raj Kumar, Horticulture Extension Officer has been transferred from Horticulture Extension Centre Sundla Distt. Chamba to Plant Protection Centre Ratnari in the Dev. Block Jubbal & Kotkhai area and be made effective. In this regard it is requested that Sh. Raj Kumar HEO had already been transferred vide this Directorate office order of even number dated 7.2.2014 in compliance to the U.O. dated 10.1.2014 (copy enclosed). Sh. Raj Kumar, HEO has challenged the transfer order in the Hon'ble High Court of H.P. on 5.3.2014 and as per the order passed by the Hon'ble Court of H.P. this Directorate has cancelled the office order of even number dated 7.2.2014 therefore, keeping in view decision of Hon'ble Court of H.P. it is not possible to issue the transfer order on the basis of received U.O. Note dated 17.6.2014 and if the transfer is necessary this can be made on administrative ground, the service Biodata of the official is as under: