Jagdish v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 11834 OF 2022 DATE OF DECISION: 27.05.2022 Jagdish

...Petitioner

Versus

State of Haryana and another

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. B. K. Bagri, Advocate, for the petitioner.

Mr. Pankaj Middha, Addl. AG, Haryana.

ARUN MONGA, J. (ORAL) Petitioner herein, inter alia, seeks issuance of a writ in the nature of certiorari to quash transfer order dated 13.05.2022 (Annexure P6) whereby he has been transferred from the office of District Attorney, Faridabad to the office of Chief Secretary, Haryana. 2.

Learned counsel inter alia argues that impugned transfer order is contrary to Clause 4 (i) (a) and (b) of the Online Transfer Policy of Deputy District Attorney and Assistant District Attorney Notification dated 21.01.2022 (Annexure P-5).

3.

On advance service, learned State counsel appears and opposes issuance of notice of motion.

4.

I have heard learned counsel for the petitioner and gone through the case file.

5.

Transfer being matter of administrative exigency, this Court generally refrains to interfere and treads cautiously, unless it is a case of SHALINI BHATIA 2022.05.28 23:56 I attest to the accuracy and integrity of this document

extreme hardship. The case in hand does not seem to be such so as to deserve any indulgence. Moreover, to transfer an official, or not to, is sole discretion of the employer based on the administrative exigencies. Not doing or doing so is not a punishment, but an integral part of service conditions.

5.

No grounds to interfere are made out.

6.

Dismissed.

MAY 27, 2022 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2022.05.28 23:56 I attest to the accuracy and integrity of this document