Govt Employees Can't Be Victimised Through Transfer Or Attachment Orders: MP High Court

The Madhya Pradesh High Court has set aside the transfer order of a Gram Rojgarsahayak, observing that a government employee cannot be victimised through attachments or punitive transfers, and if the government wants to transfer the employee on administrative grounds, the best option is through a transfer policy. The bench of Justice Anand Singh Bahrawat noted that the preliminary inquiry, followed by the enquiry report, does not show that the allegations against the petitioner were proved. The bench observed,"Therefore, an employee/officer cannot be victimised by way of attachment or transfer. If the Government wants to transfer an employee on administrative ground then that option is always available under the transfer policy". The petition was filed by Ashok Singh, a gram rojgarsahayak in village Ratan Basai, challenging the order of Janpad Panchayat of May 8, 2026, wherein he was transferred to Janpad Panchayat of Porsa from District Morena. The petitioner argued that the impugned order of May 8, 2026, was violative of the General Administration Department Circular of May 4, 2024, issued by the State Government regarding attachments. The petitioner further claimed that multiple GAD Circulars specifically claimed that attachment is not permissible. The petitioner further asserted that, per the transfer police, attachment is not permissible. The petitioner argued that the impugned order has been passed as a way of punishment, whereas the rules are clear that the same is not permissible. The court noted that the impugned order of May 8, 2026, prima facie appears to be contrary to the GAD circular and transfer police, wherein attachment is not permissible. The bench, relying on the case of Somesh Tiwari v. Union of India (2009) 2 SCC 592, reiterated that a transfer order or attachment cannot be passed by way of punishment. Per Clause 52 of the transfer policy, all types of attachments are not allowed. Regarding the complaint made against the petitioner, the court noted that a preliminary inquiry was conducted, but the same did not show any allegations proved against the petitioner. Thus, the bench held that a government employee cannot be victimised by way of transfer or attachment, and if the government wants to transfer an employee, the same is possible through the transfer policy. Accordingly, the court allowed the petition, set aside the impugned order and directed the respondents to permit the petitioner to continue discharging his duties at his present place of posting. However, the court also granted liberty to the respondents to take disciplinary action against the petitioner. Case Title: Ashok Singh v State of Madhya Pradesh, WP-18968-2026For Petitioner: Advocate Pratip VisoriyaFor State: Government Advocate G.K. AgarwalClick here to read/download the Order

Govt Employees Can't Be Victimised Through Transfer Or Attachment Orders: MP High Court

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Govt Employees Can't Be Victimised Through Transfer Or Attachment Orders: MP High Court

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