FIR Registered for Transfer Petition in Himachal Pradesh High Court

Transferred, staffer moves HC, gets FIR; Govt. Staffer using clout to remain at one place.

A government employee had received at notice of transfer from one place to another and decided to challenge the transfer order at the Shimla High Court but the HC rejected the petition and ordered the employee to follow the transfer orders and continue his duties at the new location. Later it was discovered that the employee somehow gotten himself transferred back to his desired location even though the High Court of Himachal Pradesh ruled against the employee. The employee has allegedly used his influence persuasively to acquire the position he felt he deserved to wherever he felt he deserved.

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                The High Court of Himachal Pradesh has ordered an FIR against a state employee who has evaded his duties at a designated location and has directed authorities to ensure the staffer completed his tenure in the new place of posting. The courts observed that a transfer order was issued to the staffer instructing his duties to be relocated from Karsog division to Bharmaur Division. A petition filed by the staffer which requested his relocation to be cancelled was rejected by the court. After brief workperiod at Shimla, that staffer used his clout (personal influence) to get himself appointed back to the Karsog division. The staffer (John Gupta) is a senior assistant who awas under transfer orders to halt his duties at Karsog and continue performing his duties at Bharmaur but only did so from April 1, 2013 to August 22, 2014. John Gupta was later seen continuing his government duties at Karsog from August 23, 2014 even after the HC prohibited his continuance (CWP No. 1678 of 2013) at Karsog which went on for 6 years. John Gupta claimed his justification for continuation at Karsog was so he can properly supervise his children until their academic education is complete up until April 30, 2020. The HC has stated that John Gupta owes his appointed duties to the Bharmaur division and this order will not be voided. John Gupta will start his duties at the Bharmaur division after his tenure at Karsog expires on April 30, 2020.

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                During the court hearing of this case, the advocate general informed the court that a memorandum was not put up by the Superintendent Grade-I, stating the continuance of John Gupta’s duties at Karsog. Whether that memorandum was misplaced or deliberately concealed could not currently be determined but the court said an FIR can be placed with the co-responding police station to investigate this influenced back-transfer of John Gupta that the HC had disallowed; to determine whether the Superintendent Grade-I was in collusion with John Gupta or not. Further investigation will reveal is this clout matter was of criminal conduct.

All India Services (Conduct) Rules, 1968 are the major guideline that all government employees are to follow.

Section 3 (1):      Every member of the Service shall at all times maintain absolute integrity and devotion to duty and shall do nothing which is unbecoming of a member of the Service.

Section 3(3)(ii) :                The direction of the official superior shall ordinarily be in writing. Where the issue of oral direction becomes unavoidable, the official superior shall confirm it in writing immediately thereafter.

Section 3(3)(iii): A member of the Service who has received oral direction from his official superior shall seek confirmation of the same in writing, as early as possible and in such case, it shall be the duty of the official superior to confirm the direction in writing.

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John Gupta was ordered by the High Court of Himachal Pradesh to follow the appointment letter indicating the location of his duties to be conducted from Karsog to Bharmaur. Even if John Gupta had received a letter of reappointment of duties to Karsog from a government official inferior to the High Court, such reappointment was inadmissible. The FIR recommended by the High Court will most likely summon the official who reappointment John Gupta back to Karsog and ask that official why the High Court’s Judgment was overturned. Since all government employees are to execute orders that are issued in writing, some is most likely bound to answer this question.

This story is a classic example of why it is necessary to follow orders passed down from the hierarchy. The high court of any state is not going to tolerate insubordination, thus it is very important that someone is punished for such a misconduct to set a new example of what happens to anyone who does not follow the rules and laws.

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The High Court of Himachal Pradesh basically gave a green light to the jurisdictional police station to investigate the matter and formally charge anyone involved in the illegal overturn of the high court’s order. John Gupta wouldn’t have taken these drastic steps unless it was in writing but who gave the formal appointment letter will be the next in line to answer questions regarding this circumvention of court order.

Also Read- High Court Stay Transfer Order Dismissed by CAT Tribunal

For case specific details, contact TOP/BEST/EXPERT Service Matter Expert Lawyer in Chandigarh, Panchkula and Mohali Tri-City from Punjab Haryana High Court.

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