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| MoS can direct transfer of any employee within Dept rules: HC | | |
JAMMU, JULY 31
Justice YP Nargotra of Jammu & Kashmir High Court Jammu wing in a most important question raised in a writ petition whether a Minister of State (MoS) is competent to direct the transfer of an employee, observed that the Minister is Chief Executive of the Department, and therefore, in the public interest, can direct transfer of any employee within the department.
This important question was raised in a petition filed by Range Officer Jai Ram who has been transferred within 50 days from one place to other place challenging his transfer. Adv Rakesh Sharma, counsel for the petitioner, submitted that transfer order of the petitioner is bad in law for two reasons, firstly that it has been passed on the instructions of the Minister of State for Forest, therefore, there is political interference and secondly, the petitioner has been transferred within 50 days from the date of petitioner’s earlier posting and thus the transfer is pre-mature.
Justice Nargotra, while deciding both the grounds, observed that both the grounds are not tenable. The Minister of State for Forest cannot be treated to be a politician so as to make it an order issued at the behest of a politician. The minister is the Chief Executive of the department and therefore, in the public interest, can direct the transfer of any employee within the department. So far as the other ground is concerned that is equally untenable as it is the prerogative of the employer to see as to how long the services of an employee should be utilized at one place in the interest of the administration. With these observations, Court dismissed the petition along with connected CMP as there is no merit in this petition.
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