Himachal HC cancel a transfer order on Poltical ground

Himachal Pradesh High court on Friday set aside a transfer order by the State Electricity Board , the court found that it was  passed the recommendation  of Demi Offico (DO) note on  Poltical consideration and approved by the Chief minister..

Division bench of Justice Mr Tarlok Singh Chauhan and justice Satyen Vaidya was hearing a writ petition filled by the agreived transferred employees Pardeep Kumar working as Senior Assistant in Andhra Power Project at Chiragon  of Shimla district.

Court said that  petitioner wastransfer has neither been effected in administrativeexigency nor in public interest, but has been effected on the basis of a D.O. Note issued by someone, who has nothing to do with the Administration and the governance of the respondent- State Electricity Board.
Petitioner maintained that a Shashi Bala gave a Demi Offico note addressing to Chief Minister on March 9  2021and petitioner was transferred vide order dated Apr 17, 2021 from Andhara Power House Division Chirgaon to Electrical Division, HPSEBL, Dalhousie (Chamba).
 Petitioner agreived thereby has filed the instant petition for the reliefs the court passing 27 paged order allowed his petition.

The  court said that it has repeatedly held that the transfer of officials or officers is required to be effected on the basis of set norms and guidelines; and this power cannot be wielded arbitrarily, mala fide or an exercise against efficient andan independent officer or at the instance of politicians, who has no concern with the working of the department.
” If such transfer is allowed to take effect, it wouldembolden the other political cadre and influential local level politicians of all hues to seek the transfer of unfavourable and upright government officials from their pocket boroughs and to see that they are posted somewhere else.
”  This would demoralize the government servants, as the case may be, and may inspire them to amend their ways in such a way of pleasing each and every one whoever come under the banner of some political party.” the division bench maintained.

” If the government machinery has to serve well the people, their functioning and official routines are to be insulated against the extraneous influences. “
If that was not enough, the recommendationshave been made to transfer the employees outside theDistrict to anywhere in District Chamba, District Una andDistrict Kangra. Under what authority such recommendations could have been made, is obviouslywanting But, more disturbing is the fact that theserecommendations have been approved on administrativegrounds.
We need to strongly emphasize that thegovernment servants including the employees of the e Board or Corporation are not at the mercy of the politicians and could not be made subservient to any political person(s). 
Court said these public servants are in service by virtue of dint oftheir hard work and majority of them have entered the service through a selection process and not because of the “blessings of the politicians.
” It is high time that the Employers, be it the State, Board or Corporation, strongly safeguard the  interest of their employees against the mechanization of politicians so as to enable the employees-public servants to discharge their functions without fear and favour and are not compelled to toe the line drawn by the politicians. “
 Even otherwise, upholding such kind of transferswould mean compromising with the rule of law, which is abasic feature of the Constitution, whichpermeates the whole of the constitutional fabric and is an integral part of the constitutional structure.

The remmendation to transfer the petitioner had been mooted by an extra constitutional authority, who has no role in the functioning and business of the administration, therefore, the impugned transfer of thepetitioner on the basis of such recommendations cannot be sustained and is accordingly quashed.
The Government including the Board or Corporation,as the case may be, would be well advised not to entertainmuch less encourage such extra constitutional authority to interfere with the administration and governance of theState, or else, there is every likelihood of there being acomplete breakdown of rule of law.
“The voice of dissent cannot be silenced throughadministrative arbitrariness. However, we need to clarifythat no freedom can be absolute. As freedom walks with itshead held high, a shadow of responsibility follows it.Responsibility is the epiderm within which freedom staysfree and secured and secured for all.”
” Constitutionalresponsibility belongs to this variety and exists as aninvisible layer, a membrane, between the right to freespeech and the reasonable restrictions that may operate on it. Remove the responsibility from all, it will be chaos.”
We find merit in this petition and the same is accordingly allowed consequently, the impugned transfer order…. is quashed and set aside, court held.