Chief minister’s office issued non-official transfer order against policy: High court

Shimla (The Uttam Hindu): The Himachal Pradesh High Court has quashed the transfer of a senior project officer of the Energy Development Department (Himurja), observing that the Chief Minister’s Office issued a non-official transfer order in violation of the established transfer policy.

The court strongly criticised the manner in which the transfer order was issued solely on the basis of a non-official note originating from the Chief Minister’s Office, allegedly at the behest of a private contractor. The court stated that such actions strike at the root of settled service jurisprudence and violate the principles repeatedly laid down by constitutional courts.

Justice Sandeep Sharma allowed the writ petition filed by Ramesh Kumar Thakur and held that the transfer order dated November 15, 2025, shifting the officer from Dharamshala to Chamba, was illegal, arbitrary and unsustainable in law.

The court noted that the transfer was based only on a note from the Chief Minister’s Office, which itself stemmed from a letter written by the owner of a private contracting firm. The contractor was reportedly involved in a dispute with the department over delays in completing a solar energy project. The court made it clear that no unelected representative or private individual has any authority to influence or initiate transfer orders through unofficial notes. Even complaints made by elected representatives must be independently verified by the administrative department before any action is taken.

Taking serious note of the petitioner’s medical condition, the court observed that the officer was suffering from life-threatening ailments, including a previous paralytic attack and other serious health issues. In such circumstances, transferring him to a remote district like Chamba was found to be particularly harsh and unjustified. The court held that the transfer violated the state’s transfer policy relating to tenure, medical grounds and distance from the home station.

While setting aside the impugned transfer order, the High Court clarified that the government is free to carry out transfers strictly in accordance with law, public interest and administrative necessity, and not under external or extraneous influence.