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(2021) Law Today Live Doc. Id. 16307
Decided on: 07.07.2021
Present:
Mr. Raj Kumar Bhatia, Advocate, for the petitioners.
Mr. Saurabh Mohunta, DAG, Haryana.
(Presence marked through Video Conference)
Constitution of India, Article 226 – Service matter -- Transfer policy -- Challenge to -- Transfer being matter of administrative exigency, High Court generally refrains to interfere and treads cautiously, unless it is a case of extreme hardship -- In discharge of its administrative functions/duties, the department has introduced a online transfer policy across board for every serving Forest Guard/Foresters, the same cannot be said to be arbitrary or discriminatory -- Being a matter of policy, in itself is sufficient ground alone for High court to refrain from interfering in the domain of policy making by state -- No grounds to interfere – Petition dismissed.
(Para 1-4)
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ARUN MONGA, J. (ORAL) –
1. Challenge herein is to the online transfer policy introduced by the Department of Forest, whereby online options have been invited from the officials i.e. Forest Guards/Foresters.
2. Transfer being matter of administrative exigency, this Court generally refrains to interfere and treads cautiously, unless it is a case of extreme hardship. The case in hand does not seem to be such so as to deserve any indulgence. Moreover, transfer is not a punishment but an essential aspect of service, particularly, on a transferable post.
3. In discharge of its administrative functions/duties, the department has introduced a 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.
4. No grounds are made out to interfere. Dismissed.
Petition dismissed.
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