The decision was taken by the Himachal Pradesh High Court on Monday regarding the transfer of government employees, and the order of transfer must pass the view of the administrative exigency and public interest consideration.
These orders must be passed by the administrative authorities after a thorough application of mind and any elected member like the MLAs will not have a say in where a particular employee will be transferred. To ensure equal treatment of all employees in remote /rural areas, the Division Bench comprising Justices Tarlok Singh Chauhan and Jyotsna Rewal Dua suggested a specific mechanism to ensure the same.
It has also clarified that if a particular employee cannot be posted to a particular region due to some personal hardships, an exception can be made. However, whenever such exception is made, a reasoned order must be passed why the policy is not being followed.
Taking exception to the employment of “political patronage” in the matters of transfer, the Bench reiterated that the Chief Minister and Ministers/ elected representatives may only “recommend” the transfer of an employee.