The Chandigarh bench of the Central Administrative Tribunal (CAT) has rejected the plea of a visually impaired Haryana IAS officer, Ravi Prakash Gupta (IAS:2007:HY), challenging his transfer from the post of Fatehabad deputy commissioner (DC) to that of DG, Swarna Jayanti Haryana Institute of Fiscal Management (SJHIFM), in May this year.
Gupta moved the CAT on June 3, arguing that this is a violation of Cadre Rules, and the Haryana government has not given any reasons for passing the order.
The Haryana government through its counsel argued that in view the Covid-19 pandemic it was observed that DCs/DMs have a pivotal role to play, and as such some of them needed to be transferred from their districts.
The tribunal bench held that,“…courts do not interfere with transfers made in public interest and for administrative reasons, unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of mala fide…”
“…during the pandemic Covid19 and lockdown…the issue of transfer should be left to the discretion of the competent authorities…and it is not the job of the courts or tribunals to sit in appeal over the wisdom of the administrative functionaries who are better in hold of the factual position on the field…,” said the judgment.
