Transfer order under political influence, especially by the minister. In the month of December 2024, I was transferred from one district to another, which initially gave me a sense of hope for a fresh start. Upon joining at the transferred place, I began to adapt to the new environment and engage with the local community. However, the situation took a perplexing turn when the individual who was transferred from this location, having established good political connections, met with the local MLA and, through influence and negotiations, managed to cancel his own transfer. Since his transfer order was rescinded, I found myself in a precarious position as I was once again ordered to relocate to another district within a matter of weeks.
In an effort to address this unsettling development, I reached out to my senior officer to request consideration of my circumstances and to appeal for the cancellation of this new transfer order; regrettably, I received no response from my superior officer, which was disheartening. Furthermore, I took the initiative to submit a formal representation to the director, seeking intervention, but that too is still pending, leaving me in a state of uncertainty. No decision has been reached by the director regarding my representation, which heightens my anxiety.
This has created an incredibly challenging scenario for me, complicating my ability to manage family obligations and compelling me to consider uprooting yet again in such harsh and cold weather, making it nearly impossible to ensure stability for my family during this tumultuous period.
Asked from: Himachal Pradesh
A transfer of an employee under political influence is not permissible under the law. Transfer orders are presumed to address administrative exigencies, and every such order issued by an administrative officer must be just, fair, and reasonable. The officer is required to make decisions based on the facts and materials available, ensuring that each decision is well-reasoned, especially in the case of transferring government servants.
If an officer acts under the influence or direction of a political figure, the order cannot be deemed reasonable or fair and is therefore invalid in the eyes of the law. In Tondon Brothers case [(2001) 5 SCC 664], the Supreme Court emphasized that an administrative officer’s opinion must be based on available materials and justifiable reasons. The formation of an opinion without a valid basis renders the decision legally unsound.
Political interference cannot be regarded as an administrative ground for transfer. If such influence is evident in a transfer order, the order may be challenged in the High Court. A writ petition under Article 226 of the Constitution of India can be filed to seek quashing of the transfer order, particularly when it lacks administrative justification or involves an unjustified cancellation and re-transfer of a government servant within a short period.
A transfer order influenced by political directives is arbitrary, unjust, and unreasoned. If the court satisfies that transfer order was passed under political influence, the court may intervene and quash the order.