The High Court quashed a transfer order issued against a Circle Superintendent in the Public Works Department shortly before his retirement. The court held that without any allegations requiring a shift for a fair inquiry, the transfer was too harsh.
The writ petition is allowed and the impugned transfer order dated 31.3.2010 is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.6451 of 2010 Date of Decision : April 23, 2010.
Jagjivan Singh
..... Petitioner
versus
State of Punjab and others
..... Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr.Vishal Goel, Advocate, for the petitioner. Ms.Charu Tuli, Senior DAG, Punjab.
-.-
1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
(Oral) Surya Kant, J.
This writ petition is directed against the order dated 31.3.2010 (Annexure P-2) whereby the petitioner has been transferred from Ludhiana to Ferozepur. The petitioner is working as a Circle Superintendent in the Public Works Department (B&R Branch), Government of Punjab. The solitary ground pressed into aid to impugn the transfer order is that the petitioner is due for retirement w.e.f. 31.10.2010 on attaining the age of superannuation and no administrative or public interest is involved to justify his transfer at this juncture.
Upon notice of motion, the respondents have filed their counter-reply in Court which is taken on record.
C.W.P.No .6451 of 2010 2
It is not the case of the respondents that there are any allegations against the petitioner which may require his shifting from Ludhiana to hold a fair and impartial enquiry.
In these circumstances, I am of the considered view that it will be too harsh to shift the petitioner from Ludhiana before a few months of his retirement. Consequently and for the reasons afore-stated, the writ petition is allowed and the impugned order dated 31.3.2010 (Annexure P- 2) is quashed. However, it shall be open to the respondents to seek review of this order if petitioner is found prima-facie guilty of any serious irregularities or any lapse in performance of his duties at Ludhiana.
Dasti.
April 23, 2010 Mohinder
(SURYA KANT) JUDGE
2 issues framed by the court
Whether a transfer order issued shortly before retirement can be quashed in absence of any specific allegation against the officer.
Whether the public interest justifies shifting an officer a few months before eligible retirement date.
Jagjivan Singh
State of Punjab
Surya Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
