Transfer order cannot be termed as premature: HC

Excelsior Correspondent
JAMMU, Sept 11: High Court today held that transfer order cannot be termed as premature, because even under the transfer policy the Government is empowered to pass a premature transfer order depending upon the exigency of service.
“The Government being employer is the master to transfer its employees as per the administrative exigencies and depending upon the need of service of efficient employees required at a particular place. Such discretion of the Government cannot be interfered with without any proper and substantial reasons”, Justice Tashi Rabstan said in petition filed by Dr Anita Sudan challenging premature transfer from the post of Principal, Government MAM College to Principal, Government Degree College, Samba.
After hearing Advocate SS Ahmed appearing for the petitioner whereas AAG Rakesh Khajuria appearing for the State, Justice Rabstan observed, “counsel for petitioner also alleged that the order impugned has been passed with malafide intentions. Since the reason given by the petitioner’s counsel does not form a case strong enough to convince this court for an intervention with the impugned order and to take a view other than the one taken herein, court do not find any force in the allegation”.
“Moreover, the order has been passed after due approval of Minister Incharge”, Justice Rabstan said while dismissing the petition.

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