HC dismisses Army officer’s plea challenging 1,700 km transfer; ‘nothing extraordinary’

While dismissing the plea of an Army officer who sought to quash an order of his transfer 1,700 kilometres away from Ambala cantonment, the Punjab and Haryana High Court has said that “the distance is nothing extraordinary in the Army postings.”

The Bench of Justice Rajbir Sehrawat has been hearing the petition filed by an Army officer posted in National Cadet Corps (NCC).

Justice Sehrawat said, “There are no allegations of mala fide against anybody because none has been impleaded as a party respondent by name in the present writ petition…transfer is only an incidence of service and the petitioner has no right not to be transferred from his posting at any particular place, as per his desire.”

On the argument of the petitioner’s counsel that the petitioner has been transferred despite an undertaking
given by the authorities for keeping the petitioner at Ambala cantonment for a fixed tenure of three years, the high court said that even this argument for the petitioner cannot be accepted as a ground for setting aside the impugned transfer order.

“Firstly, unless so provided by law, there cannot be any undertaking by anybody qua posting of a person at any particular place for a particular period, particularly, in the Army. Moreover, even the distance of 1,700 kilometres is nothing extraordinary in the Army postings”, said the HC while dismissing the plea.

Source link

Leave a Comment