Earlly Times Report
Jammu, Mar 15: While dismissing petition of Doctor challenging his transfer, Justice Tashi Rabstan after hearing Deputy AG Sanjeev Padha for the state, observed that transfer is an incident of service and the government is the best judge how to and where to utilize the services of its employees.
During the course of hearing counsel for petitioner the impugned transfer order is violative of the transfer policy and the guidelines, Justice Tashi Rabstan observed that so far as plea of petitioner with regard to transfer policy is concerned, the same is not sustainable for the reason that the transfer policy promulgated by the Government is an executive order having no statutory flavour, as such, cannot be enforced by way of writ of mandamus.
Policy decisions of the Government are in the shape of executive instructions and the Government, in peculiar facts and circumstances of a case, is well within its competence to modify or change, in the interest of administration.
The Courts, normally, cannot interfere with such orders as a matter of routine, Justice Tashi Rabstan observed.
Justice Tashi Rabstan further observed that it is a settled position of law that an order of transfer of a government servant is no doubt justifiable, but such transfer order can be interfered with in writ jurisdiction in rarest and exceptional cases.
While dismissing the petition filed by Dr. Mohinder Kumar who has been transferred and posted as I/C Block Medical Officer (BMO), Nowshera, against the available vacancy from Incharge BMO, Sohanjana with merit, Justice Tashi Rabstan observed that however, with regard to the plea of the petitioneras alleged in the writ petition that in view of ill health of his wife, who is stated to be suffering from some medical problems and requires constant care and attention, he may either be retained at his present place of posting or be posted near to his residence. |
