In a significant ruling, the Himachal Pradesh High Court has quashed the transfer of a senior officer in the state's energy agency, declaring it illegal and orchestrated at the behest of a private contractor. The court found the transfer was initiated based on an unofficial note from the Chief Minister's office, prompted by the contractor.
Court Exposes Irregular Transfer Process
A bench headed by Justice Sandeep Sharma passed the order after discovering that the transfer of Ramesh Kumar Thakur, a Senior Project Officer with the Himachal Pradesh Energy Development Agency (HIMURJA), was effected improperly. Thakur was transferred from Dharamshala to Chamba via an order dated November 15.
The court noted that the move was initiated on the basis of a communication sent by an "awardee of the project" – a contractor for government solar power schemes. Justice Sharma emphasized this individual was neither a constitutional authority nor a public representative and had no connection with HIMURJA's functioning.
Contractor's Role and Project Delays
In his petition, Thakur revealed that the proprietor of Himalayan Techno Government Contractor was awarded contracts for designing, engineering, supplying, and commissioning 500 kilowatt (kW) solar power projects at three locations: Sera (Hamirpur), Muhal (Kangra), and Jol (Bilaspur).
The officer stated that despite repeated reminders from him and the department, the contractor failed to complete the projects on time. Subsequently, the contractor used political influence to secure Thakur's transfer, the petition alleged.
Bench Reiterates Law on Transfers
Justice Sharma's bench strongly deprecated the practice of effecting transfers based on recommendations from individuals unconnected to departmental affairs, including elected representatives. The court underlined that while posting a government servant is the employer's prerogative, such decisions must not be arbitrary.
"Transfers cannot be used as an instrument to accommodate or adjust persons without there being any administrative necessity and must be guided solely by public interest or administrative exigency," the court asserted. It cited consistent rulings from the Supreme Court and other Himachal Pradesh High Court benches on this matter.
The court also considered Thakur's personal circumstances, including his age of 55 years, a history of a paralytic attack in December 2013, and ongoing treatment for hypertension and prostate issues, making a posting to a distant location like Chamba unsuitable.
By intervening and striking down the transfer order, the High Court has reinforced the principle that administrative actions must be fair, transparent, and free from external, illegitimate influence.
