'Arbitrary' use of powers in transfer of employees flagged by high court
Chandigarh, Dec. 10 -- The Punjab and Haryana high court (HC) has directed the Haryana government to spell out steps to deal with the "arbitrary" approach being adopted for transfer of employees of two power utilities.
"It is imperative that the respondent formulates a coherent and comprehensive policy, which either prohibits inter-utility transfers altogether or one that clearly defines the objectives, parameters and conditions governing such transfers," the bench of justice HS Brar observed while seeking an affidavit from the concerned additional chief secretary of the state government asking him to specifically address the issues highlighted by the court and setting out the steps proposed for resolving the same.
The court was dealing witha clutch of petitions alleging arbitrary use of power in transfer of employees betweeninter-utility transfer of personnel.
Uttar Haryana Bijli Vitran Nigam (UHBVN) and Dakshin Haryana Bijli Vitran Nigam (DHBVN) were created in 1999 as part of reorganisation of Haryana State Electricity Board.
The court noted that evidently, respondent's stand has been inconsistent since the creation of UHBVNL and DHBVNL.
"For nearly two decades, inter-utility transfers have been effected at the whims and fancies of the officers incharge, dehors any uniform or codified policy," it said, adding that this was happening despite a transfer policy promulgated in July 2019.
It underlined that while it is a settled law that transfer is not a vested right, it is equally imperative that once a policy is framed to regulate transfers, it must be transparent, fair and reasonable. "After its formulation, such a policy must be implemented in its entirety, leaving no scope for selective application as any deviation would fall foul of the mandate of Article 14 of the Constitution of India," it noted.
"The arbitrary approach adopted by the respondent regarding transfer of personnel has resulted in this court being faced with an ever-increasing inflow of transfer-related matters, thereby contributing substantially to the existing pendency. A fair, reasonable and comprehensive policy to govern such transfers would not only reduce avoidable litigation but also shield employees from unwarranted harassment," the bench observed rejecting the request from the government counsel that the bunch ofcases may be referred to an appropriate state-level or district-level grievance redressal committee.
The court remarked that as a public employer, corporations are duty-bound to function in a manner that upholds public interest and adheres to our constitutional values.
"However, the pattern that emerges reveals persistent administrative shortcomings which have remained unaddressed for a considerable period. It is also noteworthy that the petitioners have already undertaken to forgo their seniority for the purposes of inter-utility movement, yet their proposed transfers continue to face resistance," it recorded seeking response by December 22....
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