Jitender Malik v. State Of Haryana

CWP No. 8740 of 2020 [1]

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH **** CWP No. 8740 of 2020 Date of Decision: 30.06.2020 Jitender Malik Petitioner

Versus

State of Haryana Respondent CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. B. K. Bagri, Advocate for the petitioner. **** AVNEESH JHINGAN, J (Oral):

The matter has been taken up for hearing through video conferencing due to COVID-19 situation.

The present writ petition is filed seeking quashing of order dated 19.6.2020 vide which the petitioner has been transferred from Panipat to Gurugram.

Learned counsel for the petitioner submits that the transfer order is in contravention of Clause 2 of Online Transfer Policy dated 15.11.2018, the petitioner has not completed five years' tenure at Panipat yet he has been transferred.

The contentions raised by learned counsel for the petitioner lack merit. Clause 2 of Online Transfer Policy is reproduced below: "2. BASIC PRINCIPLES:

Unless protected under a provision of this policy, every Law

CWP No. 8740 of 2020 [2] Officer completing 5 years stay/tenure at a particular office/ station of the State shall be compulsory transferred." The aforesaid Clause provides unless the Law Officer is protected under the provision of the policy, there shall be a compulsory transfer on completing of five years. The Clause is not worded to say that there would no transfer before five years.

In view of the above, no interference is called for in the transfer order.

The writ petition is dismissed.

[AVNEESH JHINGAN] JUDGE June 30, 2020 mk

1. Whether speaking/ reasoned :

Yes / No

2. Whether reportable :

Yes / No