Seem To Be Passed In Great Haste: Rajasthan HC Tells State To Decide Afresh On Transfer Of 1116 Accounts Officers Ensuring Non-Arbitrariness

The Jodhpur bench of the Rajasthan High Court has directed the State to take a fresh call on the transfer of 1,116 Assistant Account Officers, who had alleged violation of a Finance Department circular as per which the officers could be transferred "only in special circumstances and in the interest of the state" before completing 4 years with sanction. The court said this after noting the sheer number of officers who were transferred, at the first instance, indicated that the decision had been made in haste, adding that it was unclear what the special circumstances were which led to passing of such orders. The court also called for a balance between protecting officers from arbitrary action without undermining the authority's power to manage administrative exigencies. Justice Arun Monga in its order said, "Adverting once again now to the impugned orders, from a reading thereof, it is not borne out as to which of the transferred officials had completed their four years, therefore, necessitating their transfer. Alternatively, nor is it clear which of the officials had to be transferred owing to the special circumstances. The sheer large number i.e. 1,116, in the first flush is indicative that the transfer orders have been passed in great haste. There was possibly no time with the competent officials to either determine the special circumstances qua each of them or to even have the empirical data available before them qua the length of their tenure on their current postings". It however said it was not for the court to "get into the micro management of sifting through each individual case and take a call on the same". It said that the decision is best left open to the discretion of the competent authority to comply with the Circular in question. It however did underscore that the disclosure of special circumstances is a matter between the competent authority and the Finance Department, for, it is only after the special circumstances are brought to the notice by the competent authority of the Finance Department that a decision on the consent in terms of the Circular can be taken. "In the absence of disclosure of special circumstances, seeking the consent would violate the letter, spirit and intent of the Clause (1), ibid. The entire idea is to provide certain protection to the Account Officers, who have to necessarily act as a watch dog, being the auditors of their superiors qua the expenditure incurred from the public exchequer. However, reasons to be disclosed by Directorate to the Finance Department need not be conveyed to the transferring officials, unless sought for in accordance with law (read RTI, Act). Sensitive administrative reasons are not required to be made public, which could compromise the efficiency of the department or reveal internal deliberations. Transparency between the administrative authority and the Finance Department reinforces the rule of law by ensuring that the circular's provisions are followed to prevent potential abuse of authority by ensuring that transfers are not carried out arbitrarily or without justification. Disclosure of special circumstances to the Finance Department acts as a check on the exercise of power, ensuring that transfers are made in good faith and in the public interest and rule of law is maintained," it observed. The court however said that while the Circular does provide flexibility by allowing transfers before four years in "special circumstances" and "in the interest of the State", but at the same time it also aims to provide certain stability to officers. The bench underscored maintenance of balance by "adopting an approach to protect officers from arbitrary actions without undermining the authority's ability to manage administrative exigencies"."It is in this context that the competent authority ought to have segregated officers into two lists—those who have completed four years and those transferred due to special circumstances. Same would also ensure that each case is individually assessed. I am conscious that administrative decisions, especially those involving large-scale transfers, require certain degree of discretion which this court is not equipped to second-guess. The separation of powers and the expertise of the administrative body has to be given due credence. Endeavour of this court by directing a reassessment of the transfers is merely to provide a safeguard against seemingly arbitrary action by striking a fair and pragmatic balance between rights of the account officers and administrative exigencies," the court said. It thus asked the State to take a fresh decision on transfer of the account officers, adding that they need to be segregated into two lists–the ones who had completed 4 years, and the others who were transferred owing to special circumstances as per the Circular. "Till then the implementation of the impugned transfer orders shall be kept at abeyance in rem," the court said asking the...

Seem To Be Passed In Great Haste: Rajasthan HC Tells State To Decide Afresh On Transfer Of 1116 Accounts Officers Ensuring Non-Arbitrariness

Nupur Agrawal

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