Frame online transfer policy, HC to state

Vijay Arora

Legal Correspondent

Shimla, March 18

The HP High Court today advised the state government to frame online transfer policy.

While giving this suggestion to the state, a division bench comprising Justice Tarlok Singh Chauhan and Justice CB Barowalia further observed that “since the docket of this court is full of cases relating to transfers of employees, the government would be well advised to implement online transfer in its departments, boards, corporations etc. having over 500 employees by framing an online transfer policy on similar line as that of the adjoining state of Haryana.”

The court further observed that “after the closure of the HP Administrative Tribunal this court is flooded with the petitions in which the employees challenge the orders of their transfers.”

It further said that “despite the law on the transfer matters being well settled, we find the same is being violated with impunity either by the political executive or by the administrative authority, constraining the employees to have initially approached the administrative tribunal and on its closure, this court, unnecessarily clogging its docket.”

The court made these observations while dealing with a case wherein the employee of the forest department, Sunita Devi has challenged her transfer order whereby she has been ordered to be transferred from Forest Beat, Gummer, Block Jawalamukhi, Range Jawalamukhi, under Forest Division, Dehra, to Forest Beat, Kotla, Block Kotla, Range Dadasiba, under Forest Division Dehra.

While quashing the transfer order, the court observed that “the order of transfer cannot withstand judicial scrutiny as the same does not show that the petitioner has been transferred on account of administrative exigency and/or public interest.”