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In the case of Sunita Devi v. State of Himachal Pradesh and Ors., the question was that the orders of transfer are generated, processed and finally implemented by the Minister himself, leaving little to no scope for any discretion or independent decision of the administartive department.
The division bench comprising of Justice Tarlok Singh Chauhan and Justice Chander Bhusan Barowalia noted that it would be noticed that the Minister In-charge not only desired and recommended the transfer of 5 persons but also specified the stations where they were to be transferred.
The Chief Minister and Ministers or elected representatives may recommend the transfer of an employee, however, the transfer orders are ultimately to be issued by the Administrative head after independent application of mind, and that too after subjective satisfaction without being influenced by the recommendations so made.
In the above mentioned case, there was no independent decision taken by the Administrative Head rather there was no scope left for the said purpose. Hence, the decision has been rendered vulnerable as being influenced by the proposal and recommendations made by the Minister concerned.
The Court emphasised that the Members of the Legislative Assembly or the Minister concerned have a right to make a recommendation but these recommendations cannot be taken to be the final say.
In conclusion, the High Court of Himachal Pradesh held that elected representatives cannot have a right to claim that a particular employee be posted at a particular station and that the choice is to be made by administrative head, not by the legislators.
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