सामान्य स्थानांतरण के खिलाफ अदालत जाना ग़लतःबंबई हाईकोर्ट

 खासकर मलाईदार पदों पर बैठे लोग एक ही जगह जमे रहना चाहते हैं। प्रशासन अगर नियमानुसार भी उनका स्थानांतरण करता है,तो वे किसी न किसी मामले की नज़ीर देकर तुरत अदालत पहुंच जाते हैं। ऐसे ही एक मामले को गंभीरता से लेते हुए बंबई हाईकोर्ट ने बाबूओं को चेतावनी दी है कि वे अपने अधिकारों का बेजा इस्तेमाल न करें। टाइम्स ऑफ इंडिया,मुंबई संस्करण में शिबू थॉमस की रिपोर्टः

The Bombay high court has rapped babus for their tendency to challenge routine transfers.Dismissing a petition filed by a deputy collector opposing his shift from Pune to Satara,a division bench of Justice B H Marlapalle and Justice U D Salvi recently asked courts not to interfere in routine transfer orders.

Transfer is an incidence of service and courts/tribunals should not interfere in such orders, said the judges.The court referred to the practice of government officers vigorously contesting their transfers in courts.

The courts must curb such tendencies,lest the public administration may become a casualty, added the judges.The court reminded government servants that it was in their own interest to accept general transfer orders rather than approaching the courts.The HCs observations were made while deciding an application filed by deputy collector Shankarrao Jadhav,challenging a March 2009 order to transfer him from Pune to Satara.Jadhavs lawyers claimed that prior approval of the CM was required for the transfer which was not done.

According to administrative rules,there are five types of transfers.The CMs approval is required only for Group A officers who draw a higher salary,whereas Jadhav is a Group B employee.They also pointed out that Jadhav had completed his tenure of three years and his transfer was due in the general round in April-May 2009.

The HC agreed that the CMs permission was not needed and proper procedures were followed.The court said that there was no reason to interfere with the order and Jadhavs petition must fail.