Shimla (Himachal Pradesh) [India], June 22: The Himachal Pradesh High Court on Saturday set aside a government school teacher’s transfer order, ruling that the transfer was made solely on the basis of a Demi Official (D.O.) note, without any independent assessment by the competent authority—violating principles of administrative fairness.
Justice Jyotsna Rewal Dua passed the judgment while hearing a petition (CWP No. 9828 of 2025) filed by Chittar Singh, a Junior Basic Teacher at Government Primary School (GPS) Kelti, located in Education Block Bagsaid.
The petitioner challenged his June 4 transfer to GPS Karari Paplog in the Dharampur-I block, arguing that the move was arbitrary and influenced by political recommendations. He cited D.O. Note No. 190870 dated May 16, 2025, as the only basis for the transfer. He further highlighted that no replacement had been assigned, and he continued to serve at his original post.
Justice Dua observed:
“Since the petitioner has been transferred… only on the basis of D.O. note without application of any independent mind by the competent authority, therefore, the impugned transfer order dated 04.06.2025… is quashed and set aside qua the petitioner.”
On June 19, the Court had already stayed the transfer order and sought a detailed reply from the government. Additional Advocate General Y.P.S. Dhaulta, appearing for the state, admitted that the transfer was indeed issued solely on the basis of the D.O. note.
Taking this into account, the court emphasized the need for a valid administrative process in public service transfers and stated that the authorities could still transfer the petitioner—but only in accordance with the applicable policy and legal procedures.
The High Court reiterated that transfer orders must reflect lawful reasoning and an independent application of mind, in line with established norms. The writ petition was disposed of with liberty to the state to initiate a fresh and policy-compliant process if deemed necessary.