Employee cannot dictate terms of place of posting: HC
Ajay.Sura@timesgroup.com
Chandigarh:11.02.2021
Dismissing the plea filed by Ravi Prakash Gupta, a visually impaired IAS officer, alleging that he has been deliberately denied fieldwork by the Haryana government, the Punjab and Haryana high court has held that no statutory rule or the order of any court has been violated by the state regarding his transfers.
Observing that an employee cannot dictate terms with regard to his place of posting, the HC held, “The said power is vested in the employer, who is to exercise the said powers as per the administrative exigencies keeping in view the public interest unless it involves any adverse impact on the career or further prospects.”
“The exercise of the power of transfer in the present case cannot be said to be not in accordance with law, which would call for any interference by this court in exercise of its powers under Article 226 of the Constitution of India, especially under the power of judicial review,” observed the court.
A division bench comprising Justice Augustine George Masih and Justice Ashok Kumar Verma has passed these orders while dismissing the petition filed by Gupta upholding the order dated June 3, 2020, passed by the Chandigarh bench of Central Administrative Tribunal (CAT).
The CAT had dismissed his plea challenging the transfer order dated May 18, 2020, from the post of deputy commissioner (DC), Fatehabad, to the post of director, Swarna Jayanti Haryana Institute for Fiscal Management.
The HC has also held that it could not find any violation of the statutory rule, any order of any court, including the SC, and has also not found any mala fide in the transfer orders of Gupta passed by then chief secretary Keshni Anand Arora.
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The said power is vested in the employer, who is to exercise the said powers as per the administrative exigencies keeping in view the public interest, the Punjab & Haryana HC observed
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