No interference by courts if transfer orders passed for administrative exigencies: HC

Chandigarh: The Punjab and Haryana high court has made it clear that no interference should be done by the courts in the transfer orders passed by any authority in the interest of administrative exigencies.

“The transfer orders cannot be interfered with by the courts, as a matter of routine, as though they are appellate authorities.

No interference should be done with orders passed in the interest of administrative exigencies. The only exception is if there is a violation of a statutory provision or a patent mala fide exercise of administrative authority. The position in this regard has been settled and there is no doubt in it,” the HC has held.

HC’s Justice Sudhir Mittal has passed these orders while hearing a petition filed by Sandeep Kumar, an ex-servicemen presently working as a clerk at Chaudhary Charan Singh Haryana Agriculture University (CCSHAU), Hisar. Kumar had challenged the transfer order dated May 20 under which he was shifted from Krishi Vigyan Kendra (KVK) Bhiwani to Hisar university campus.

After serving the Navy for around 17 years, the petitioner had joined Hisar agriculture university as clerk in November 2019. In December 2019, he had submitted a request for his transfer from Hisar to KVK, Bhiwani, on compassionate grounds citing the health condition of his ailing mother. His request was considered and on January 10, he was transferred to Bhiwani against a vacant post. However, within four months, he was sent back to Hisar and a female employee was posted in Bhiwani. Aggrieved, he had approached the HC arguing that his re-transfer to Hisar after four months was unreasonable.

While contesting the petition, the female employee argued that she had to travel to Hisar on a daily basis, but on account of a fracture in the backbone, her movement had become extremely difficult. She claimed that the university authorities shifted her only after realising that her case had greater merit.

“Admittedly, the woman employee has suffered a fracture of her spine in February 2020. It has not been disputed that she resides in Bhiwani and that she has to commute daily to Hisar. Under the circumstances, she cannot be expected to transfer to Hisar and expediency requires that she should remain at Bhiwani,” ordered the HC while dismissing the petition.