By LE Staff

Chandigarh, July 2, 2021: Rejecting the appeal filed by a Punjab government school principal against his transfer orders, the Punjab and Haryana High Court has observed that transfer is an incidence of services and the court should be slow to interfere in the matters of transfer unless something serious or mala-fide is raised by the employee.

“In the present case, the appellant raised a plea of mala-fide behind his transfer order but he failed to substantiate the same,” said the division bench of Justice Rajan Gupta and Justice Karamjit Singh in an order dated July 1.

The brief facts of the case are that the appellant was working as Principal, Government Senior Secondary School, Sidduwal in Punjab’s Patiala district. He was transferred from the said school to Government Senior Secondary School, Bhitiwala, District Sangrur vide order dated 11.5.2021.

He challenged the said transfer order by alleging that he was transferred to accommodate his colleague Jaspal Singh, who had strong political connections.

The transfer order was also challenged on the ground that he had to look after his aged mother and children can’t afford to shift out from the present posting.

After the single-judge bench of the high court dismissed his writ petition on May 21 this year, the said petitioner filed the appeal before the division bench which too stands dismissed.

While upholding the order of the single bench, the division bench stated that the appellant cannot seek posting of his choice near his home as a matter of right.

The division bench added that admittedly, the appellant has been transferred from Patiala district to the adjoining district of Sangrur and that too after a gap of about 5 years. He raised a plea of mala-fide behind his transfer but he has failed to establish that he was transferred in order to accommodate someone else, the bench upheld.

“In the light of the above, no ground is made out to interfere in the impugned order passed by the learned Single Judge. Consequently, this appeal is hereby dismissed,” the division bench ruled.

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