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| Court blessing for junior minister | | They have the powers to make transfers | | ET REPORTER
Jammu, July 31
The junior ministers in the coalition government who have always been fighting with their seniors over the issues of influence and power have a reason to rejoice –the Jammu and Kashmir High Court have ruled that the Ministers of State have the powers to effect transfers within their departments.
Ever since the taking over of the present coalition government, there has been serious tussle between the Cabinet Ministers and the Ministers of State over the issues of transfers and postings. With their no major stipulated participation in the policy matters the only thing which Ministers of State some sort of power and influence is their power to effect and transfers and postings which have always remained under a scanner from their senior ministers.
In a welcome decision for the junior ministers, Justice YP Nargotra of Jammu & Kashmir High Court in an important and interesting point raised in a writ petition whether a minister of state is competent to direct the transfer of an employee, observed that the Minister is Chief Executive of the Dept, and therefore, in the public interest can direct transfer of any employee within the dept.
This important question was raised in petition filed by Range Officer Jai Ram who has been transferred within 50 days from one place to other place has challenged his transfer order through Adv Rakesh Sharma in which the counsel for the petitioner submitted that the order of transfer 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 YP Nargotra while deciding both the grounds observed that both the grounds are not tenable. The minister of state Forest Dept cannot be treated to be 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 dept. so far as the other ground is concerned that is equally untenable as it is the prerogative of the employer to see as to far what period the services of an employee should be utilized at one place in the interest of the administration. With these observations Court dismissed petition along with connected CMP as there is no merit in this petition.
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