Tejinder Singh Vs State Of Punjab And Others

High Court Of Punjab And Haryana At Chandigarh 4 Dec 2019 Civil Writ Petition No. 19866 Of 2019 (O&M) (2019) 12 P&H CK 0196
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Civil Writ Petition No. 19866 Of 2019 (O&M)

Hon'ble Bench

Arun Monga, J

Advocates

Pawan Kumar, Monica Chhibber Sharma, Alisha Arora

Final Decision

Disposed Of

Acts Referred
  • Punjab Forest Subordinate (Group-C) Executive Service Rules, 2006 - Rule 6
  • Constitution Of India, 1950 - Article 226

Judgement Text

Translate:

1. By way of this petition, petitioner seeks issuance of a appropriate writ, direction or order quashing the impugned order dated 12.07.2019 (Annexure

P-3) qua-petitioner vide which the petitioner has been transferred form Incharge Faridkot Range, Division Ferozpur to Incharge Extension Range, Shri

Muktsar Sahib, Extension Division, Bathinda and for issuance of a writ in the nature of mandamus to direct respondent No. 2 not to dislocate the

petitioner in violation of the rules, policy instruction dated 23.04.2018 (Annexure P-6) and transfer policy/instructions dated 29.05.2019 (Annexure P-

7).

2. Heard learned counsel for the petitioner as well as respondents.

3. Transfer being matter of administrative exigencies, this Court generally interferes, if at all, very cautiously. Transfer is not a punishment but an

essential aspect of service, particularly, on a transferable post.

4. I am unable to persuade myself with the argument of the learned counsel for the petitioner that the respondent No. 4 is not eligible to be appointed

as Incharge of the Range as per Appendix B Rule 6 of the Punjab Forest Subordinate (Group-C) Executive Service Rules, 2006.

5. For the sake of arguments even if it is assumed that the argument of learned counsel for the petitioner is to be accepted, at best that will non-suit

the respondent No. 4 to be appointed as Incharge of a Range and would not necessarily mean that the competent authority cannot transfer the the

petitioner as the transfers are necessary consequence of Government service.

6. In my opinion, in the present case, the impugned transfer order dated 12.07.2019 (Annexure P-3) does not call for any interference from this Court

in exercise of its extraordinary writ jurisdiction vested under Article 226 of the Constitution of India.

7. However, the petitioner is at liberty to challenge the appointment of respondent No. 4, in case, he feels so and, if so advised, in accordance with

law.

8. Disposed of in the aforesaid terms.

9. Pending applications, if any, stands also disposed of.

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