Intervention in transfers only if action malafide: HC

The Himachal Pradesh High Court has ruled that its intervention in administrative matters,especially in cases of transfers,can’t be attracted unless action of the government reflects malafides or appears to be unwarranted and done under political pressure from public representatives.

The judgement delivered by Justice Deepak Gupta has finally settled a burning issue as to whether the High Court’s writ jurisdiction can be involved in matters relating to transfer of employees,purported to be in public interest.

“Day in and out the High Court is flooded with petitions against transfer orders for this reason. No doubt,public representatives have a right to make recommendations,but these can only be recommendations and cannot be taken to be the final word.”

Transfers are not a punishment and if a transfer is inflicted as a means of punishment,then the whole purpose of making them in public interest is set at naught.