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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Sanjay Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition assails transfer after seven months tenure. (Para 1 , 2) |
| 2. transfer in public interest, condones short stay. (Para 4 , 5) |
| 3. no public interest; short stay unreasonable; colourable power. (Para 6 , 7 , 8) |
| 4. arbitrariness, mala fides violate articles 14, 16. (Para 9) |
| 5. extraneous considerations render transfer unconstitutional. (Para 10) |
| 6. quash order; allow reasonable tenure at rampur. (Para 11 , 12) |
JUDGMENT :
Ajay Mohan Goel, J.
Reply stands filed by respondents No.1 and 2. No reply is intended to be filed by respondents No.3 and 4. Learned Counsel for the petitioner submits that no rejoinder is intended to be to the reply filed by respondents No.1 and 2.
2. Heard. By way of this petition, the petitioner has assailed impugned transfer order dated 09.12.2025, in terms whereof, the petitioner has been transferred from SMS (Horticulture), Rampur (Rampur, Nankhari Blocks), District Shimla, to SMS (Horticulture) Dodra Kwar, District Shimla, in place of respondent Shri Kushal Singh.
3. Learned Counsel for the petitioner argued that the impugned transfer order is per se bad, for the reason that the petitioner was transferred to Rampur from Rohru seven month
Service transfers accommodating others' requests, disturbing short seven-month tenure without public interest or exigency, are arbitrary and mala fide, violating Articles 14 and 16; employees entitle....
The main legal point established in the judgment is that transfer is an incident of service, and a public servant has no vested right to seek transfer to a location of his choice. The courts should n....
Transfer orders are administrative actions that should not be interfered with unless shown to be mala fide or in violation of statutory provisions, with public interest being a valid justification.
A transfer order, absent malafide intent or clear violation of statutory provisions, is not subject to judicial interference.
Transfers of employees nearing retirement must be justified by administrative exigency; otherwise, they are deemed arbitrary and against public policy.
Judicial review of employee transfers is limited; transfers are administrative unless proven mala fide or in violation of statutory provisions.
Employees do not possess a right to remain at a specific posting, and transfer orders are subject to the employer's discretion unless proven otherwise.
The employer's discretion in transferring a contractual employee must be exercised judiciously and cannot be arbitrary; the court can intervene if proven tainted with malice.
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