Uttarakhand High Court frowns upon transfers of government officials under political pressure

The Uttarakhand High Court recently observed that it would not bode well for government departments if transfers of public servants are ordered under political pressure [Hemant Bisht v State of Uttarakhand and ors].A Bench of Chief Justice G Narendar and Justice Subhash Upadhyay made the observation while hearing a plea filed by a forest officer who claimed that he was transferred under political pressure from an ex-gram pradhan (elected village official) and politically connected persons. On September 24, the Secretary to the State's Forest Department claimed that there was a lapse on the part of the forest officer in carrying out certain work, which triggered the action against him. The Secretary added that the complaint made by the Gram Pradhan was incidental.However, the Court pointed out,"Be that as it may, we have brought to the attention of the Secretary that if such actions are prompted on complaints of the political class, then it could lead to offices of the Department being vacant, with all the officers at the doorstep of the political class, which development, the Secretary (to the Forest Department) fairly agrees is not desirable and not welcome.".The Secretary eventually assured the Court that he would examine the entire matter and file a report to the Court. The Court recorded the submission and posted the case for further hearing in October. .The plea before the Court was filed by one Hemant Bisht, an officer working in the Uttarakhand Forest Department, who was posted at Nandaprayag in the Badrinath Forest Division. Bisht said that he was assigned with the task of preparing proposals on how to carry out certain works to prepare for the upcoming Nanda Devi Raj Jat Yatra - an event carrying deep religious and social significance which is held once in 12 years.According to the petition, he was asked to submit his proposal to the Divisional Forest Officer (DFO). The DFO in July asked Bisht to break the works into small proposals of works estimated to cost ₹5 lakhs each. However, Bisht later highlighted that it was impractical to divide work this way, particularly since the work was to be carried out in far-flung areas at minimal rates.The DFO accepted this concern, and Bisht's proposals were eventually forwarded through proper channels for seeking approval, eventually reaching the Principal Secretary of the Forest Department where it remained pending. However, Bisht claims that soon after he suggested that it was impractical divide work, both he and the DFO were transferred to other areas. .Bisht says that his transfer was ordered on the basis of certain bald allegations made in a letter with a political party's letter-head, without any accompanying evidence or affidavit. He claims that certain politically connected persons had stood to profit if forest department had allowed the division of preparatory works for the Nanda Devi Raj Jat Yatra, 2026.Since Bisht obstructed the grant of the grant of such petty contract work to such people, they approached the "high and mighty in the government" to complain against Bisht, his plea said. An inquiry was also ordered bypassing established protocols, indicating political pressure, the petitioner added. According to the plea, this eventually led to Bisht's September 12 transfer to the Rudraprayag Forest Division "without any responsibility of any range in a highly stigmatic order on administrative grounds."The petition added, “The case of the petitioner would serve as a disturbing and chilling precedence for all Range Officers that if they do not obey petty political interests and give primacy to conservation and due process, they can be attached and transferred at will."He has, therefore, urged the Court to quash the transfer order against him. .The Court will hear the plea next on October 7.Advocates Abhijay Negi and Snigdha Tiwari appeared for the petitioner.Chief Standing Counsel CS Rawat and Additional Chief Standing Counsel BS Parihar appeared for the State..[Read Order]