JUDGMENT

Tejinder Singh Dhindsa, J. - This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.

2. Petitioner who is serving as ESI under the Haryana Police has filed the instant petition assailing his transfer from Kaithal to Panipat vide order dated 08.10.2020 (Annexure P-2).

3. The first contention raised by counsel is that the transfer of the petitioner is vitiated by mala fides. In this regard, it is contended that FIR number 62 dated 04.03.2011 had been registered against the existing MLA Ms. Kamlesh Dhanda and her relatives. Petitioner was a part of the team of officers who had conducted the investigation and it is only on account of the MLA, having been arrested and the petitioner having performed his duty honestly and diligently, that he has now been punished.

4. Second submission raised is that the transfer is in violation of the transfer policy/guidelines issued by the Chief Secretary dated 07.04.1989 (Annexure P-3) wherein it is envisaged that a Government employee who is due to retire within the next two years should be allowed to continue at the present place of posting. It is urged th