Case Law Details
Ganesh Dutt Thakur Vs State of H.P. & Ors. (Himachal Pradesh High Court)
Himachal Pradesh High Court held that transfer order for transfer of Joint Commissioner of State Taxes and Excise from the office of Parwanoo to Shimla justified as allegations of malafide intentions not established with material evidences.
Facts- Petitioner is Joint Commissioner of State Taxes and Excise, Government of Himachal Pradesh. Vide notification dated 29.04.2023, petitioner has been transferred from the office of Joint Commissioner of State Taxes and Excise (SEZ) Parwanoo, District Solan, H.P. to Shimla as Joint Commissioner, State Taxes and Excise (Head Quarter). Aggrieved against the aforesaid notification dated 29th April, 2023, petitioner has approached this Court by way of instant petition
Conclusion- Held that I have not found the requisite pleading and proof which can establish the allegations of malafide. Firstly, there is no personal allegations against any functionary of the government and none of such functionary has been made party by name. Consequently, the averments made in the petition are more in the nature of assumptions and presumptions rather having any substantial and direct allegations. There is no material on record to infer that there is any motive of the government in transferring the petitioner from Parwanoo to Shimla. Mere fact that the official respondents have passed orders four times to transfer petitioner within a span of last seven years is not sufficient to infer any motive of the employer in doing so, much less a motive which can be termed as oblique or ulterior. Even the transfer policy adopted by the State Government does not reserve any privilege of being not transferred before a minimum period of time for Class I, Gazetted officer(s).
FULL TEXT OF THE JUDGMENT/ORDER OF HIMACHAL PRADESH HIGH COURT
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
