The Himachal Pradesh High Court has dismissed a petition filed by Ajay Kumar Nair, an Assistant State Taxes and Excise Officer, challenging an official order that withdrew his additional charge at the MP Barrier (MPB) Kandwal and assigned him complete charge of Nurpur Circle.
The bench of Justice Sandeep Sharma observed that the move could not be classified as a “transfer” as per the Transfer Policy of the State. The court concluded that the petitioner had not been moved from his original posting at Nurpur, but merely divested of the additional responsibilities he held at Kandwal.
The petitioner, Ajay Kumar Nair, posted at Kandwal with additional charge of Nurpur Circle in Kangra district, had claimed that the government order dated October 18, 2024, violated the state’s Transfer Policy. He alleged that he was not allowed to complete his normal tenure and that the decision was made to accommodate a private respondent who had already served at Kandwal prior to a stint at Una.
The petitioner argued that the lack of government accommodation in Nurpur would displace his client’s family, making the order practically disruptive.
The government contended that Kandwal and Nurpur are located less than 12 kilometers apart and that the petitioner was not transferred in the conventional sense. Nair had been posted at Nurpur from the beginning and was merely given an additional charge at Kandwal, which has now been rescinded. As per the Transfer Policy, an Excise Officer may be moved after one year at a station, and that Nair had already served more than eight months at Kandwal.
The court while dismissing the petition, held that the order did not amount to a transfer and was within administrative bounds. “The petitioner cannot be said to have been transferred,” the court said.
The court remarked that the private respondent’s repeat posting at Kandwal may need departmental review, noting that no officer should be stationed at a barrier for more than one year under the policy.
Case Details
Case Title: Ajay Kumar Nair Versus State of Himachal Pradesh & Ors.
Case No.: CWP No.11803 of 2024
Date: 20.06.2025
Counsel For Petitioner: Suneel Awasthi, Advocate
Counsel For Respondent: Anup Rattan, Advocate General
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