IAS officer Ravi Prakash Gupta, in his petition before the tribunal, had contended that he is physically handicapped (100 per cent visually impaired). (Representational Image)
The Chandigarh bench of the Central Administrative Tribunal (CAT) has dismissed the plea of a visually impaired Haryana cadre IAS officer seeking to invalidate an order of the Haryana government transferring him from the post of Fatehabad deputy commissioner (DC) to that of director general, Swarna Jayanti Haryana Institute of Fiscal Management (SJHIFM).
IAS officer Ravi Prakash Gupta, in his petition before the tribunal, had contended that he is physically handicapped (100 per cent visually impaired). Upon selection in IAS, he was initially allocated to Chhattisgarh and pursuant to a policy decision for transfer of disabled persons, he was transferred to Haryana cadre in October 2015 and posted as additional secretary (finance).
Gupta meanwhile submitted a representation in April 2016 for a field posting as Deputy Commissioner, and he was posted as DC, Kaithal. However, just after six and half months, he was transferred and posted as director, food and supplies, Haryana, and special secretary to the Haryana government, food and supplies, and other departments.
Aggrieved by the transfer orders, Gupta moved the CAT seeking direction to the Haryana government to allow him to complete his tenure as DC, Kaithal. However, his plea was dismissed by the tribunal.
The IAS officer then moved against the CAT order in the Punjab and Haryana High Court, where his plea was allowed and the Haryana government was asked by the High Court to consider Gupta’s plea. Gupta was then posted as DC Fatehabad in December 2019.
However, after few months, he was transferred from the post and made DG, SJHIFM, in May this year. Gupta moved the CAT again on June 3, arguing that this is a violation of rule 7 of Cadre Rules having been passed before completion of two years of service and that the Haryana government has not given any reasons for passing the order.
The Haryana government through its counsel Additional Advocate General Ankur Mittal argued that the issue of posting/transfers of IAS officers was discussed in the department of personnel keeping in view the Covid-19 pandemic and it was observed that DCs/DMs have to play a pivotal role and as such some of them were required to be transferred from their districts.
It was also contended that Gupta had completed two years of service as deputy commissioner/additional collector and therefore his case was considered for empanelment in the central government.
After hearing the arguments, the tribunal bench of Sanjeev Kaushik (Judicial) and Ajanta Dayalan (Administrative) held that, “…courts do not interfere with transfers made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of mala fide…A government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to the other.
Transfer orders issued by the competent authority do not violate any of his legal rights…It is not that the applicant alone has been transferred. In fact, along with him, there are many other IAS officers who were considered and transferred pursuant to policy decision considering the Covid-19 challenge and as such no illegality can be attributed to the respondents for transferring the applicant which is in public interest…”
“…during the pandemic Covid19 and lockdown…the issue of transfer should be left to the discretion of the competent authorities as it is for them to consider as to who should be posted at which assignment and it is not the job of the courts or tribunals to sit in appeal over the wisdom of the administrative functionaries who are better in hold of the factual position on the field…,” said the judgment.