- (1.) TARUN Agarwala, J. The citizens have a fundamental right to good governance which is possible only if Government servants are politically neutral and are not transferred or otherwise victimised at the instance of a political party or politician.
(2.) TRANSFER is an exigency of service. A Government employee has no choice in the matter of posting. TRANSFERs are to be done only in administrative exigencies and in public interest. No rules have been framed as to how and when a Government servant is to be transferred. However, the State Government, from time to time, comes out with a policy, for transfer of Government servants. The latest transfer policy announced by the State Government is dated 11-5-2006 for the year 2006- 07 which contemplates transfer on administrative ground, transfer on account of promotion, termination and retirement. Transfer can also be made on account of personal reason of a Government servant such as medical aid, education, transfer on mutual consent of the employees, transfer to post husband and wife together. The transfer policy indicates that an employee who has completed six years in a district and ten years in a Division has to be transferred away from that district or division, as the case may be. The policy further contemplates that not more than 10% of the total employees would be transferred. Where an employee has completed six years in a district or ten years in a division, and in case the transfer of the employees exceeds 10%, in that event, prior approval from the concerned Minister of the Department or the Chief Minister is required to be obtained. The policy further contemplates that transfer made after the prescribed date would require approval from the Chief Minister/minister or from a high ranking officer, depending on the category of the employee. The policy further indicates that in case of any deviation, the transfer would required approval from the Chief Minister.
(3.) THE aforesaid policy indicates that a detailed procedure has been evolved as to how and when and under what circumstances a Government employee could be transferred. But the whole question is, whether the policy is being followed? Are the transfers made in accordance with the policy ? Is the State Government following its own policy? No doubt, the transfer policy will have its plus points as well as its minus points. No transfer policy is perfect in the world. Therefore, even if there is some difficulty or irregularity or lapse in passing orders of transfer the same has to be ignored.;