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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Beena Devi – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. imposition of transfer ban during elections. (Para 2 , 3) |
| 2. employee's right to adjust based on transfer policies. (Para 4 , 5) |
| 3. court's analysis on legality of transfer order. (Para 6 , 7) |
| 4. court's directive on enforcing transfer order. (Para 8) |
JUDGMENT :
Ajay Mohan Goel, J.
Notice confined to respondents No. 1 to 4. Mr. Rajpal Thakur, learned Additional Advocate General accepts notice on behalf of respondents No. 1 to 4.
2. By way of this writ petition, the petitioner has inter alia prayed for the following reliefs:-
“i). Issue a writ of certiorari to quash and set aside the impugned transfer order dated 31.03.2026 (Annexure P-3) in respect of the petitioner.
ii) Issue a writ of mandamus directing the Respondents to allow the petitioner to continue at GHS Janoti as Shastri and BLO till the completion of the election process and thereafter, on medical/personal grounds.”
3. Learned Counsel for the petitioner has submitted that the petitioner is on election duty in terms of office order dated 04.03.2026 (Annexure P-1). Learned Counsel further submitted that the State Election Commission, Himachal Pradesh, vide office order dated 31.03.2026, has enforced a ban on trans
Transfer orders for employees engaged in election duties must adhere to the Election Commission's restrictions, as non-compliance renders such orders invalid.
Transfer orders must adhere to statutory guidelines and cannot be executed with mala fide intentions, as such errors warrant judicial intervention.
The necessity of obtaining prior permission from the State Election Commission for employee transfers during election periods is crucial to maintain the integrity of the electoral process.
Transfer orders in public service are valid unless proven mala fide or in violation of statutory provisions.
Point of Law : Impugned directive of Election Commission is valid as it does not discriminate between different officers but a uniform directive has been issued for all officers who have completed fo....
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