IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 03.07.2025 Hari Chand Dahiya ...Petitioner VERSUS State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Sumit Sangwan, Advocate for the petitioner(s).

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VINOD S. BHARDWAJ, J. (Oral)

1. Challenging the order of transfer dated 10.06.2025 whereby the petitioner has been transferred from Faridabad to Sirsa, the instant writ petition has been filed.

2. Learned counsel for the petitioner has vehemently argued that consequent upon his promotion as Joint Director on 25.10.2023, the petitioner was posted at the Municipal Corporation, Faridabad, where he joined on 30.10.2023. An order of transfer was thereafter passed on 05.12.2023, directing the petitioner to join at Deen Bandhu Chhotu Ram University of Science and Technology, Murthal, Sonipat. He contends that the said transfer order was issued consequent to the petitioner highlighting anomalies in the payment of amounts pertaining to the Sewage Treatment Plant and various other bills raised, without execution of the corresponding works, in respect of which FIRs had later been registered by the Police as well as the Anti-Corruption Bureau. The said order of transfer, according to the petitioner, was actuated by extraneous considerations on account of the petitioner having highlighted the scam, thereby compelling him to approach this Court by filing CWP-27678-2023, wherein vide order dated 08.12.2023, the impugned transfer order dated 05.12.2023 was stayed. Eventually, the said transfer order was cancelled by the State, whereupon the writ petition was disposed of as having been rendered infructuous vide order dated 15.01.2025. Having failed to succeed in the said attempt, the respondent- State has now passed a fresh order dated 06.06.2025, endorsed on 10.06.2025, transferring the petitioner to Chaudhary Devi Lal University, Sirsa, purportedly on administrative grounds.

3. Learned counsel contends that the said order of transfer has been passed with malafide intent and is actuated by the same extraneous considerations and grievances against the petitioner for having highlighted irregularities in the payments by the Municipal Corporation (M.C.), Faridabad. A further emphatic argument has been advanced with respect to the personal exigencies and hardships to be faced by the petitioner, including his prevailing family circumstances. He further submits that since the impugned order of transfer has been passed mid-session, he would thereby be precluded from participating in the subsequent online transfer drive. In any event, he argues that his right to be considered for participation in the said online transfer drive ought to be duly protected.

4. I have heard the learned counsel appearing on behalf of the petitioner and have gone through the documents appended alongwith the instant petition, with his able assistance.

5. Notwithstanding the fact that the petitioner was earlier ordered to be transferred on 05.12.2023 from M.C. Faridabad to Deen Bandhu Chhotu Ram University of Science and Technology, Murthal, Sonipat, which order of transfer was challenged by the petitioner and was subsequently stayed, culminating in the withdrawal of the said order of transfer by the State, it cannot, however, be reasonably contended that the alleged malice would persist even two years thereafter. The petitioner is an officer in the Audit Department and it is infact the work profile of the department to audit the works undertaken and the payments made by respective State agencies.

6. Learned counsel for the petitioner was confronted with the fact that, even though a contention has been raised alleging that the order of transfer is actuated by malice, however, there is neither any specific allegation of malice against an individual nor has any person been impleaded as a party by them, who could be reasonably suggested to possess the influence necessary to manoeuvre the petitioner’s transfer. Th