J&K HC | Premature transfer which is in public interest or interest of administration is allowed

Jammu and Kashmir and Ladakh High Court

Jammu and Kashmir High Court: A Single Judge Bench of Sindhu Sharma, J., dismissed the petition seeking relief against the order of a premature transfer.

The facts of the case are that the petitioner filed this petition against his transfer from the post of Assistant Accounts Officer, PHE Procurement Division, Jammu to the post of Assistant Accounts Officer, State Information Commission against available vacancy.

The contention of the petitioner was that he was holding the present position from 07-10-2016 and was prematurely transferred which was contrary to the Transfer Policy issued vide a Government Order and as such said transfer was liable to be quashed on the ground that every transfer is required to be processed in accordance with the provisions of the Jammu and Kashmir Government Business Rules and the Transfer Policy.

Placing reliance on the case of Syed Hilal Ahmed v. State of J&K, 2015 (3) JKJ 398 (HC), it was held that transfer is an incidence of service. The Government Order was mere guidelines and had no statutory force. Moreover, the above-said order clearly permitted transfer in public interest or in the interest of administration.

The petition was thus dismissed. [Nasib Singh v. State, 2018 SCC OnLine J&K 1038, Decided on 31-12-2018]

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