Legal Correspondent
Shimla, September 8
The HP High Court today quashed the transfer order of the head teacher of a government school issued on an MLA's recommendation.
A Division Bench comprising Justice Tarlok Singh Chauhan and Justice Satyen Vaidya observed, "The judicial review of the order of transfer is permissible when the order is made on irrelevant consideration. Even when the order of transfer, which otherwise appears to be innocuous on its face, is passed on extraneous consideration, then the court is competent to go into the matter to find out the real foundation of transfer. The court is competent to ascertain whether the order of transfer passed is bona fide or as a measure of punishment".
The court passed this judgment on a petition filed by Babu Ram, head teacher of Government Primary School, Ghiri, Sundernagar, Mandi, challenging his transfer to Government Primary School, Segal, Mandi, on the recommendation of the Nachan MLA.
During the course of hearing, it was brought to the notice of the court through the record of the case that MLA Vinod Kumar had addressed a letter to the Chief Minister proposing/ recommending the transfer of 10 government employees. The record revealed that before the recommendations could reach before the Administrative Department, these were placed before the Chief Minister, who appended a note on March 25 "approved as per the request". It appears that all transfers were approved as it is without consulting any administrative authority.
Setting aside the transfer order, the court observed, "It is settled that an elected representative can only propose the transfer of an employee, that too for genuine and cogent reasons and not by usurping the authority of the Administrative Department, which alone is competent to issue the orders of transfer after due application of mind. Obviously, the department, in such circumstances, has no choice whatsoever, but to implement the recommendations made by the local MLA as approved".
Teacher challenges order to shift him
Babu Ram, head teacher of Government Primary School, Ghiri, Sundernagar, Mandi, challenged his transfer to Government Primary School, Segal, Mandi, on the recommendation of the Nachan MLA.
Courtesy: Tribune News Service