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Written By: Ajay Sharma | THE NEWS DOSE.COM
Chandigarh: The Punjab and Haryana High Court has set aside the transfer of a Junior Engineer (Mechanical) who was posted as a Building Inspector in another municipal corporation, holding the transfer to be illegal, beyond the court’s jurisdiction, and contrary to service rules.
The ruling was delivered by Justice Harpreet Singh Brar in CWP-18055-2022 (Mahender Singh vs State of Haryana and others), decided on March 9, 2026.
Transfer Found Contrary to Service Rules
The petitioner, Mahender Singh, was appointed as a Junior Engineer (Mechanical) in the Municipal Corporation, Faridabad, in June 2020. He was later transferred to the Municipal Corporation, Panipat, and assigned duties as a Building Inspector, a post under the Junior Engineer (Civil).
The High Court held that such a posting was impermissible under the Haryana Municipal Corporation Employees (Recruitment and Conditions of Service) Rules, 1998, noting that the different engineering streams—civil, mechanical, and electrical—are distinct cadres with separate qualifications and roles.
Court Flags Technical Mismatch and Public Interest Concerns
Relying on arguments advanced by advocates Raman B. Garg and Mayank Garg, the Court observed that a Mechanical Engineer cannot be assigned duties of a Civil Engineer or Building Inspector, as the posts require specialised and distinct technical expertise.
It further held that such a posting could be against public interest, as entrusting civil construction supervision to a Mechanical Engineer may adversely affect the quality and safety of the works due to a lack of domain expertise.
Transfer Issued by Incompetent Authority
The Court also found that the transfer order had been issued by an authority not competent under Rule 12 of the 1998 Service Rules, which mandates that such transfers may be ordered only by the appointing authority or the State Government.
No Valid Administrative Grounds
The Bench noted that the respondents failed to demonstrate any legitimate administrative reason justifying the transfer.
It reiterated that, while transfer is a normal incident of service, it must be carried out strictly in accordance with the relevant statutory provisions and the competent authority.
Order Quashed, Liberty Granted
Allowing the writ petition, the High Court quashed the August 10, 2022, transfer order.
However, it granted liberty to the competent authority to issue a fresh transfer order, if required, subject to:
- Compliance with service rules
- Posting only to the cadre of Junior Engineer (Mechanical)
- Recording valid and cogent reasons
Reinforces Rule-Based Administration
The judgment underscores that administrative transfers must align with statutory service rules, technical qualifications and jurisdictional competence, ensuring both legality and public interest in governance.
