Shimla, Dec 19 (UNI) Himachal Pradesh High Court has quashed the transfer of a Senior Project Officer of the Energy Development Department (HIMURJA), strongly censuring the manner in which the transfer order was issued on the basis of an unofficial note emanating from the Chief Minister’s Office at the behest of a private contractor.
The Court observed that such actions strike at the very root of established service jurisprudence and violate settled law laid down repeatedly by constitutional courts. Justice Sandeep Sharma, while allowing the writ petition filed by Ramesh Kumar Thakur, held that the impugned transfer order dated November 15, 2025, transferring the officer from Dharamshala to Chamba, was illegal, arbitrary, and unsustainable in law.
The Court noted that the transfer was effected solely on the basis of a UO note issued from the Chief Minister’s Office, which itself was triggered by a letter written by the proprietor of a government contractor firm. The contractor had ongoing disputes with the department over delay in execution of solar power projects.
The Court categorically held that no non-elected representative or private individual has any authority to issue or influence transfer orders through UO or DO notes. Even complaints made by elected representatives must first be verified by the administrative department before any action is contemplated. Acting mechanically on such recommendations, the Court said, amounts to abdication of administrative responsibility.
Taking serious note of the petitioner’s medical condition, the Court recorded that the officer was suffering from life-threatening ailments, including a past paralytic attack and other serious health issues, making his transfer to a far-flung district like Chamba particularly harsh and unjustified. The Court also found violations of the state’s transfer policy regarding tenure, medical grounds, and distance from the native place.
While quashing the transfer order, the High Court left liberty with the government to effect transfers strictly in accordance with law, public interest, and administrative exigency, and not under extraneous influence. The judgment once again reinforces the long-standing judicial position against political or private interference in service matters.
CMO issues unofficial transfer order against the policy: HC
