It is imperative for any service to undergo the process of mobility or transfers after reasonable short intervals thus getting varied chances of getting due exposures and experiences at new places. Not only that ensures a change in the person’s attitude tuned to newer circumstances and conditions but chances to learn new things and acquaintances with even challenging circumstances make one capable and instrumental in being part of the revolving and ever changing system that is most important for good administration and rendering quality and prompt service to people. Judicial officers can be no exception to be part and parcel of this established system . However, is there a policy in vogue , set guidelines and procedures, quite transparent in nature, for such mobility or transfers of Judicial Officers under which such an unavoidable process could be put in practice.
In this connection, it is quite satisfying to note that the High Court of Jammu and Kashmir has come up with a transfer policy applicable in both the Union Territories of Jammu and Kashmir and Ladakh. Not only should a transfer policy touch the main issue of ”after how many months or years” or usual periodicity but whether to be effected only when a suitable incumbent was readily available . Should not any transfer result in shortage of an officer which could have an adverse impact on dispensation of justice to the litigants and other cases, too is a part of an effective policy. Whether such transfers coincide with the academic sessions of the studying children of the transferees so as to cause minimum discomfiture . The said transfer policy, in this connection, enumerates in clear terms the same to be done only in March and September unless otherwise directed by the Chief Justice.
Excepting making efforts to post husband and wife, if both happened to be Judicial Officers, in the same district as far as possible and on matters of serious health problems , the policy is tailored to keep high traditions of judicial standard in that no posting of any officer shall be made at a place where any of one’s blood relations were practicing law. Elements of impartiality and fairness which are hall marks of judicial system can clearly be found in the said transfer policy. All other relevant aspects and nitty -gritty concerning transfers are taken care of meticulously in the transfer policy. What is , however, needed is due implementation.
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