Transfer is not a punishment but an essential aspect of service: HC

Read Order: Isham Singh and another v. State of Haryana and others 

Vivek Gupta

Chandigarh, July 9, 2021: Dismissing a petition seeking intervention in the new transfer policy introduced by Haryana’s Department of Forest whereby preferred options have been invited online from officials, the Punjab and Haryana High Court has observed that the present case does not deserve any indulgence. 

“Moreover transfer is not a punishment but an essential aspect of service, particularly, on a transferable post,” said Justice Arun Monga.

The judge further noted that in discharge of its administrative functions/duties, as the department has introduced an online transfer policy across board for every serving Forest Guard/Foresters, the same cannot be said to be arbitrary or discriminatory.

“That apart, being a matter of policy in itself is sufficient ground alone for this court to refrain from interfering in the domain of policy making by state. Also, seeking online options is rather to be appreciated, being a leap forward towards better transparency,” he added.

He also added: “Transfer being a matter of administrative exigency, this Court generally refrains to interfere and treads cautiously, unless it is a case of extreme hardship.”

“No grounds are made out to interfere,” held the High Court.