IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:10.11.2025 Rana Jagroop Singh …Petitioner Vs.

State of Punjab and Ors. …Respondents Coram : Hon’ble Mr. Justice N.S.Shekhawat Present: Mr. Madhav Pokhrel, Advocate for the petitioner.

Mr. Surya Kumar, AAG, Punjab.

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N.S.Shekhawat J. (Oral)

1. The petitioner has filed the present writ petition under Article 226/227 of the Constitution of India with a prayer to issue a writ in the nature of Certiorari for setting aside the transfer order dated 23.10.2025 (Annexure P-1) issued by respondent No.1, whereby, the petitioner has been transferred from Sub-Center Madhar under CHC Doda, District Sri Muktsar Sahib to CHC Dhundike, District Moga.

2. Learned counsel for the petitioner contends that the petitioner was initially appointed as Multipurpose Health Worker (Male) on 28.05.2007 on contract basis and later on, his services were regularised on 30.06.2011. He further contends that vide order dated 23.10.2025 (Annexure P-1), the petitioner has been transferred from Sub-Center Madhar under CHC Doda, District Sri Muktsar Sahib to CHC Dhundike, District Moga, which is at a distance of about 80 kilometres. He further contends that the impugned order (Annexure P-1)

seems to have been passed by the respondents only with a view to accommodate respondent No.3 and while passing the impugned order, the transfer policy of the State of Punjab has been completely overlooked. Learned counsel further contends that there was complete ban on general transfers after 15.09.2025 and the transfer has been made by overlooking the policy issued by the State of Punjab,itself.

3. I have heard learned counsel for the parties and perused the record carefully.

4. During the course of arguments, learned counsel for the petitioner has admitted the fact that the petitioner was initially appointed as Multipurpose Health Worker (Male) on 28.05.2007 on contract basis and his services were regularised by the respondents on 30.06.2011. It is an admitted position that the petitioner is posted at Doda, Sri Muktsar Sahib since his appointment i.e. for almost more than 18 years. Now, after a period of 18 years, he has been transferred from Sub-Center Madhar under CHC Doda, District Sri Muktsar Sahib to CHC Dhundike, District Moga, which is at a distance of 80 kilometres. 5. The Hon’ble Supreme Court has held in the matter of “State of U.P and others Vs.Ashok Kumar Saxena and another (1998) 3 SCC categorically observed that transfer of an employee is within the prerogative power of an employer and normally the High Court should not interfere by exercising its jurisdiction under Article 226 of the Constitution of India unless it is shown clearly as mala fide or infraction of any professed norms and held as follows:-

“.....The parameters of the powers of a Court under Article 226 vis-a-vis an order of transfer for are well settled. In N.K. SINGH VERSUS UNION OF INDIA 7 ORS. (1994)

6 S.C.C. 98, this Court held that interference by judicial review is justified only in cases of mala fides or infraction of any professed norms or principles and where career prospects remain unaffected and no detriment is caused to the concerned Government employee, challenge to the transfer must be eschewed. Reiterating the said proposition in Sri Abani Kanta Ray Versus State of Orissa & Ors. J.T. 1995 (7) S.C. 467 the Court added that transfer being an incidence or service, is not to be interfered with by the Courts unless it is shown clearly arbitrary.......

6. Similarly, in Somesh Tiwari Vs. Union of India and others (2009) 2 SCC 592 , the Hon’ble Supreme Court again observed that an order of transfer is an administrative order, which is ordinarily an incident of service and the same should not be lightly interfered with. The relevant observations of the Hon’ble Supreme Court are reproduced as follows:-

“……Indisputably an order of transfer is an administrative order. There cannot be any doubt whatsoever that transfer, which is ordinarily