CWP No.2840 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.2840 of 2009 (O&M) Decided on : 05.03.2009 Balbir Singh ....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE AJAY TEWARI Present:- Mr. Aman Pal, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana. AJAY TEWARI J. The petitioner is working as Assistant Superintendent of Police at Ambala (Haryana) and is due to retire on 31.10.2009. On 19.01.2009, the petitioner was ordered to be transferred to Rohtak. He challenged the said order by way of C.W.P. No.1102 of 2009. On notice of motion having been issued, the second order dated 18.02.2009 was passed transferring the petitioner from Rohtak to Kurukshetra. Admittedly, this order is in violation of the transfer policy of Annexure P-3. Learned counsel for the respondents has made two main submissions. The first contention is that the transfer policy is just that, it is not a binding document. The second argument submitted by learned counsel for the respondents is that the petitioner is a senior police officer and normally the play in the joints provided to Government is a little more in respect of such sensitive positions. There can be no controversy with the submissions of learned counsel for the respondents. However, even though CWP No.2840 of 2009 (O&M) -2- the transfer policy does not confer any absolute right on any employee, yet in my opinion, it would be incumbent upon the competent authority to at least consider the factors mentioned in the said policy. Of course in public interest, as mentioned in the policy itself, any particular factor may have to yield. On the last date, I had requested the learned Senior Deputy Advocate General to produce the record relating to the transfer of the petitioner to see if the competent authority had considered the impending retirement of the petitioner before ordering the transfer. A perusal of the record shows that the fact that the petitioner was due to transfer in the next six months was not before the competent authority. In the circumstances, this writ petition is allowed. The transfer order of the petitioner is set aside. However, liberty is granted to the respondents to reconsider the matter of the transfer of the petitioner keeping in view the transfer policy. Copy of the order be given dasti. March 05, 2009 ( AJAY TEWARI ) ashish JUDGE