IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Kuldeep Kumar – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. Instant writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari seeking quashing of the order dated 03.03.2026 (Annexure P-13) issued by respondent No.3, vide which the petitioner has been transferred from SDE (Hort.), Sub Division, Karnal with additional charge of SDE (Hort.), Sonepat to SDE (Hort.), Sub Division Rewari and further to issue a writ in the nature of mandamus directing the respondents to stay operation and implementation of the impugned order (Annexure P-13) during pendency of the present petition and also to allow him to continue at the present place of posting i.e. SDE (Hort.), Sub Division, Karnal with additional charge of SDE (Hort.), Sonepat.
2. Learned counsel for the petitioner, inter alia, contends that the petitioner is serving as Sub Divisional Engineer (Horticulture) in Haryana Shehri Vikas Pradhikaran (for short ‘HSVP’) and he has been transferred from Karnal to Rewari without serving minimum tenure as prescribed under the Model Online Transfer Policy dated 23.05.2025. As such, transfer is malafide and he has been continuously harassed by Execut
The employer has the authority to transfer an employee, and the court's interference is limited to cases lacking jurisdiction or proven mala fide based on specific averments.
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.
Judicial review of transfer orders is limited; transfers made on administrative grounds are valid unless shown to be arbitrary or malicious.
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