Says administrative decisions cannot be guided by wishes or complaints of private contractors
Munish Sood
MANDI:
The Himachal Pradesh High Court has struck down the transfer of a senior officer of the Him Urja Department, observing that administrative decisions cannot be guided by the wishes or complaints of private contractors.
Terming the move as a serious deviation from service norms, the court underlined that transfers must be rooted only in administrative necessity or public interest.
The case relates to Ramesh Kumar Thakur, a senior project officer with HIMURJA, who was posted at Dharamshala before being shifted to Chamba through an order issued on November 15, 2025. Thakur challenged the decision, alleging that the transfer was not routine but was triggered by pressure from a private contractor unhappy with official action taken against him.
Court finds no legal basis for transfer
While delivering the judgment, Justice Sandeep Sharma noted that the transfer order was influenced by a letter written by a private contractor to the Chief Minister. The court made it clear that a government employee cannot be moved on the recommendation of an individual who has no role in departmental administration.
The bench observed that the contractor in question held no constitutional position, was not an elected representative, and had no official authority within the department. Acting on such a recommendation, the court said, undermines administrative discipline and the rule of law.
Action followed delay in solar projects
According to the petition, the contractor had been allotted multiple solar power projects but failed to complete them within the prescribed timeline. When the officer issued notices seeking explanations for the delay, the contractor allegedly reacted by using political influence to have the officer transferred.
The High Court described the episode as an instance of external and political interference in routine governance, reiterating that such practices have repeatedly been disapproved by constitutional courts.
Transfer order set aside, state given liberty
Citing established legal precedents, the court emphasised that transfers based on pressure, influence or recommendations from outside the system are impermissible. Consequently, the November 15, 2025, transfer order was quashed. At the same time, the state government was granted the freedom to take any future transfer decision strictly as per law and administrative requirements.
Court records revealed that the contractor, operating under the name M/s Himalayan Techno, was assigned the task of designing, supplying and commissioning three solar power plants of 500 kW capacity each in Hamirpur, Kangra and Bilaspur districts. Repeated reminders were issued after the projects failed to meet deadlines.
Documents obtained through the Right to Information Act were also presented before the court, including the letter addressed to the Chief Minister, in which the contractor had sought the officer’s transfer.
The ruling is being viewed as a strong reminder that governance cannot be dictated by private interests and that administrative decisions must remain insulated from external pressure.
