Shimla: The Himachal Pradesh High Court on Saturday quashed the transfer order of a government school teacher, observing that the transfer was made "only on the basis of a D.O. (Demi Official) note" without any independent review by the authorities, thus violating the principles of administrative fairness.
Justice Jyotsna Rewal Dua, while hearing the petition (CWP No. 9828 of 2025) filed by Chittar Singh, a Junior Basic Teacher posted at Government Primary School (GPS) Kelti in Education Block Bagsaid, found merit in the claim that the June 4 transfer order relocating him to GPS Karari Paplog in Dharampur-I block had no valid administrative justification.
"Since the petitioner has been transferred... only on the basis of D.O. note without application of any independent mind by the competent authority, therefore, the impugned transfer order dated 04.06.2025... is quashed and set aside qua the petitioner," the court ruled.
The petitioner, represented by advocate Kiran Dhiman, submitted that he had been serving at GPS Kelti since 2018 and that the June 4 transfer order was passed arbitrarily under political influence, citing a D.O. (Demi Official) Note No. 190870 dated May 16, 2025, as the sole basis for the order. He also pointed out that no substitute had been appointed in his place, and he continued to discharge his duties at the present school.
On June 19, the Court had already stayed the operation of the transfer order and sought a response from the government with specific clarification on whether the transfer was indeed executed solely on the D.O. note.
Appearing for the government, Additional Advocate General Y.P.S. Dhaulta confirmed that the impugned transfer had indeed been issued based on the D.O. note.
Taking note of this, the court asserted that such an action lacked lawful justification and set aside the order, adding: "It shall be open for the respondents to transfer the petitioner in accordance with law as per the applicable transfer policy," said the judge.
The High Court's decision highlights its consistent position that transfer orders in public employment must not only be lawful but also reflect independent application of mind, in line with the state's established transfer policy.
The writ petition was disposed of with liberty to the government to reinitiate a fresh, policy-compliant process if necessary.
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