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MAHABIR SINGH SINDHU
Iqbaljeet Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mahabir Singh Sindhu, J. - Writ petition is filed under Article 226 of the Constitution for issuance of a writ in the nature of Certiorari for quashing the impugned orders dated 07.07.2022 (P-1) and 08.07.2022 (P-2) whereby petitioner was transferred from Jalandhar to Head Office Mohali and on the very next day from Head Office, Mohali to Makhu, District Ferozepur.
2. Contends that petitioner has been transferred on five occasions in the past five months. Also contends that transfer is not on administrative grounds; rather a counter-blast in view of the fact that petitioner tried his best to execute the orders to recover the Shamlat deh from encroachers of the village. Also contends that petitioner is going to retire on attaining the age of superannuation on 31.12.2022. Further contends that orders impugned are in violation of transfer policy dated 23.04.2018 (Annexure P-3).
3. Heard learned counsel for the petitioner and perused the paper-book.
4. Law is well settled that transfer policies are mere guidelines for internal working of the department. This Court, after relying upon the judgments of the Hon'ble Supreme Court, reported as (i) Shilpi Bose (Mrs.) and others Versus S
Transfer policies are mere guidelines for internal working of the department and are not legally enforceable under Article 226 of the Constitution, except in exceptional circumstances.
It is true that violation of transfer policy or executive order does not confer any vested right on an employee to challenge it, but the Government is bound by executive orders/policies and the guide....
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