IMPORTANT POINT
Transfers should be based on public interest and administrative exigencies, and not on extraneous considerations or recommendations from unauthorized persons.

JUDGMENT :

Ranjan Sharma, J.

The petitioner, a Driver in the Respondent Corporation has filed the instant petition, seeking the following relief(s):-

i) Issue a writ of Certiorari, Mandamus or other appropriate writ order or direction as this Hon’ble Court deems fit, quashing the Office Order dated 27.10.2023 (Annexure P-5) qua the Petitioner (Ser.no.3), for all intents and purposes.

ii) Issue a writ of Certiorari, Mandamus or other appropriate writ order or direction as this Hon’ble Court deems fit by directing the respondent No.1 and 2 to allow the petitioner to discharge his duties as Driver at HRTC unit Nahan, District Sirmaur, Himachal Pradesh in Public Interest.

iii) That the impugned order dated 27.10.2023 (Annexure P-5) are assailable on other grounds also which would be submitted at the time of hearing of this case.”

2. Precisely the case of the petitioner is that the petitioner was appointed as a Driver, on contract basis, (non-transferrable) in Himachal Road Transport Corporation, Nahan Unit on 9.10.2017. His services were regularized in the same capacity and at the same place on 27.07.2021. While the petitioner was working in Nahan Unit, the respondent no 2 directed the petitioner to look after the work at Sarahan Bus stand w.e.f 31.10.2023. However, the Respondent no 1 issued an order dated 27.10.2023, Annexure P-5, transferring the petitioner from Nahan Unit to Reckong -Peo (District Kinnaur).

3. The petitioner has assailed the transfer orders dated 27.10.2023, Annexure P-5, on the ground that (i) transfer has been ordered merely to give effect to the written recommendation-D.O-UO Note No 70700, dated 15.09.2023 given by respondent No.4 (Ms. Dayal Pyari)-who is a social and political person; (ii) transfer ordered under the garb of public interest was issued only to give effect to the wishes of private respondent no 4 as reflected in the aforesaid recommendation-DO, amounts to passing the impugned order on extraneous considerations which is perverse, arbitrary and malafide; and (iii) transfer has adversely affected the petitioner resulting in hardship as he is suffering from ailment which is borne out from Annexure P-7; and (iv) transfer made during mid academic session of studies of children who are to appear in examinations is contrary to the mandate of law. In this background, Mr C N Singh, learned Counsel submits that the entire decision making process, including its genesis {DO given by respondent no 4), the ipso-facto approval thereof; and the inaction of the appointing-transferring authority in acceding to such a DO and approval without applying its mind to twin preconditions of public interest and administrative exigencies, as per him, vitiates the decision making process and the impugned orders also.

4. Upon issuance of notice on 6.11.2023, the respondents were directed to produce the records pertaining to the transfer of the petitioner. The matter was then listed on 7.11.2023 when the Respondent-State, who was in possession of the approval for transfer was also directed to produce the records. On 16.11.2023, though the records were not produced and therefore, the same were directed to be produced on 30.11.2023. Thereafter the matter was listed on various dates and in the background, the same is now taken up today.

5. Today, {on 10.1.2024}, the records pertaining to the transfer have been produced. The records reveal that the impugned orders dated 27.10.2023, Annexure P-5, transferring the petitioner from Nahan Unit to Reckong-Peo Unit, was issued on the basis of approval given by the Competent Authority (Hon’ble CM) dated 26.09.2023.

In the above backdrop, and in order to examine the veracity of the approval dated 26.9.2023 granted by competent authority as well as impugned transfer orders so issued, this Court advanced a query to Mr. Anup Rattan Learned Advocate General, to point out and satisfy this Court as to what was the genesis or foundational basis or material substantiating public interest and administrati