Excelsior Correspondent
JAMMU, Apr 16: In a landmark judgment, Justice Tashi Rabstan today held that Government is empowered to order a premature transfer even under the transfer policy depending upon the exigency of service.
“The Government being employer is the master to transfer its employees as per the administrative exigency and depending upon the need of service of efficient employees required at a particular place”, he said, adding “such discretion of the Government cannot be interfered without any proper and substantial reasons”.
This judgment has been delivered in a petition filed by Narinder Singh challenging Government Order No.295-RD&PR of 2014 dated October 21, 2014 issued by the Commissioner Secretary, Rural Development and Panchayati Raj Department whereby he was transferred as Assistant Engineer Stores from Jammu to Miran Sahib. The grievance of the petitioner was that he was transferred within a span of about one and a half month only.
While dismissing the petition, Justice Tashi Rabstan said, “before parting this court comes to other aspect of the matter”, adding “I would like to show concern of the court regarding transfers and postings in the Rural Development Department”.
“On going through the documents annexed with the writ record and the pleadings of the parties, what transpired is that Javed Ahmed on his transfer to Rural Engineering Wing, Poonch did not join there. Thereafter, he was transferred as Assistant Engineer, Miran Sahib, Jammu”, Justice Rabstan said, adding “even then he did not join there, that too when he himself has been residing at Miran Sahib”.
“The plea that he was not being relieved by the department to join in Rural Engineering Wing, Poonch is nothing but an attempt to befool the court. Then why he was transferred to Miran Sahib and thereafter to Jammu. The objections filed by the official respondents are also evasive and out of context. It seems Javed Ahmed was intending for some prize posting and that is why he managed his transfer at the place of petitioner at Jammu away from his home town”.
“What impression the court gathers is that everything is not well in the Rural Development Department and that transfers and postings are not being made in the interest of administration but the same are being managed for obvious reasons. It is a matter of great concern. What is required is indomitable will at the helm of affairs of the State to regulate smooth working in the Rural Development Department”, Justice Rabstan observed.
He directed that a copy of this judgment be served to the Chief Secretary, who shall place the same before the Chief Minister so that some concrete steps could be taken for transfers and postings in the Government departments.
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