Transfer without compelling reason is illegal, says High Court
Himachal Pradesh high court has stated that a transfer is deemed mala fide when it is not executed for the stated purpose in the regular course, public or administrative interest, or service requirements. The court said that transfer is also not legal if based on the written recommendation of an individual not associated with the state government's affairs.
Justice Ranjan Sharma's bench emphasized that even if a transfer is made on the written recommendation of a minister or legislator, there must be a clear and compelling reason based on public interest or administrative exigency to justify it.
Transfers solely at the request of these figures are deemed unfair, unjust, and run counter to the principles outlined in Articles 14 (equality before the law) and 16 (equal opportunity) of the Constitution.
The ruling implies that in cases where a transfer order appears to lack foundation and contradicts prerequisites, «the court has the authority to scrutinize its actual basis and annul the order in the interest of fairness, reasonableness, non-arbitrariness, and consistent application of transfer rules. This also prevents capricious and mala fide arbitrariness in state actions.»
These observations were made by the high court while disposing of a petition filed by a teacher.
The petitioner argued that the Directorate of Elementary Education had disregarded the HC's instructions by rejecting her representation. Contending that her transfer was conducted illegally, arbitrarily, and for ulterior motives, she sought consideration in accordance with the transfer policy.
The court nullified and revoked the department's October 10 orders rejecting the petitioner's representation for a transfer from Kaffotta's Senior Secondary
