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Himachal Pradesh High Court · body

2012 DIGILAW 828 (HP)

Rajeshwar Singh v. State of Himachal Pradesh

2012-11-15

DEEPAK GUPTA, RAJIV SHARMA

body2012
Judgment Rajiv Sharma, J. Petitioner was posted as Agriculture Development Officer in the office of Deputy Director of Agriculture, Shimla in the month of August, 2007. He was promoted as Sub Divisional Soil Conservation Officer and posted at Nalagarh, District Solan vide office order dated 11.3.2011. Respondent No.4 was transferred from Nalagarh to Dhaulakaun while working as SMS vide office order dated 2.8.2012. Respondent-State vide notification dated 31.8.2012 has cancelled the transfer order dated 2.8.2012 and respondent No.4 has been retained at Nalagarh and the petitioner has been transferred to Dhaulakuan (Sirmour) as Sub Divisional Soil Conservation Officer. 2. Mr. Lalit Sehgal has vehemently argued that the petitioner has been transferred from Nalagarh to Dhaulakuan without permitting him to complete his normal tenure. 3. Mr. Vivek Singh Thakur, learned Additional Advocate General and Mr. Onkar Jairath have brought to the notice of the court office memorandum dated 10.4.2008 for effecting transfers of State Government employees. It is evident from the reading of the memorandum that all District Level Officers and their equivalent officers, Divisional Forest Officers and District Officers Agriculture/Horticulture/Animal Husbandry/ Cooperative/Food and Supplies Departments and Deputy Director (Education) etc. cannot be posted in home districts. Petitioner is holding a district level office. He belongs to Tehsil Arki in District Solan. The post of Sub Divisional Soil Conservation Officer is inter-changeable with Soil Testing Officer. It is in these circumstances that the petitioner has now been transferred from Nalagarh (Solan) to Dhaulakuan (Sirmour) and respondent No.4 has been retained at Nalagarh. The transfer order has been issued after seeking approval from the competent authority. 4. The transfer is an incidence of service. The scope of judicial review in transfer matters is very limited. The Court can intervene only when the transfer has been made in infraction of any statutory rule or the same is actuated with mala fides. 5. Accordingly, in view of the observations and discussions made hereinabove, we see no merit in the petition and the same is dismissed. Pending application(s), if any, also stands disposed of. No costs.