The Allahabad High Court at Lucknow ruled on Monday that no Class-IV employee should be transferred out of the district under normal circumstances.
This observation was made by the Bench of Justice Vivek Chaudhary while setting aside a transfer order issued against a Class IV employee, noting that it was punitive in nature.
Essentially, the petitioner Smt. Maya (a Class IV Employee) was transferred from Lucknow to Kanpur by transfer order dated July 12, 2021, on administrative grounds; however, the officer responsible for her transfer did not provide any reason for her transfer.
As a result, she petitioned the Allahabad High Court, claiming that a Class-IV employee cannot be transferred so far away. Hearing her plea, the Court previously directed that her representation against the aforementioned transfer order be considered and decided on the merits.
However, while deciding the representation, a large number of allegations were levelled against her, including that she is still on leave, that she acts erratically, causing disruptions at work, and so on.
Her counsel Ms Shreya Chaudhary argued before the Court that, even if a Class-IV employee is transferred for punishment, the transfer cannot be to a distant location and must be within the same district.
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It was also argued that the impugned order was issued without providing the petitioner with an opportunity to be heard.
In light of this, the Court noted that allegations were levelled against her in rejecting her representation against the impugned transfer order, and thus the transfer order was punitive in nature.
As a result, emphasising that no punishment can be imposed on the petitioner without a hearing, the Court concluded that the impugned order cannot be upheld.
