Himachal Pradesh High Court Overturns Transfer of Senior HIMURJA Officer Due to Contractor Influence

The Himachal Pradesh High Court has overturned the transfer of a senior officer from the Him Urja Department, emphasizing that administrative decisions should not be influenced by private contractors. The ruling arose from a case involving Ramesh Kumar Thakur, who alleged that his transfer was prompted by a contractor's dissatisfaction with official actions. The court's decision underscores the importance of maintaining integrity in governance and ensuring that transfers are based solely on administrative needs rather than external pressures. This ruling serves as a significant reminder of the need for transparency and accountability in public administration.

By Narendra Chaudhary Dec 19, 2025, 20:19 IST

Court Ruling Highlights Administrative Integrity

Judicial remarks emphasize that administrative actions should not be swayed by private contractors' complaints.

Munish Sood
MANDI:
The High Court of Himachal Pradesh has annulled the transfer of a senior official from the Him Urja Department, asserting that administrative decisions should not be influenced by the preferences or grievances of private contractors.

The court characterized the transfer as a significant breach of service protocols, emphasizing that such decisions should be based solely on administrative needs or the public good.

The case involved Ramesh Kumar Thakur, a senior project officer with HIMURJA, who was reassigned from Dharamshala to Chamba through an order dated November 15, 2025. Thakur contested this transfer, claiming it was not a standard procedure but rather a result of pressure from a private contractor dissatisfied with actions taken against him.

Judicial Findings on Transfer Legitimacy

In the ruling, Justice Sandeep Sharma pointed out that the transfer was influenced by a letter from a private contractor directed to the Chief Minister. The court clarified that a government employee should not be reassigned based on recommendations from individuals lacking any role in departmental governance.

The bench noted that the contractor in question did not hold any constitutional authority, was not an elected official, and had no legitimate power within the department. The court stated that acting on such recommendations undermines both administrative discipline and the rule of law.

Background of the Transfer Controversy

The petition indicated that the contractor had been awarded several solar power projects but failed to complete them on time. When the officer issued notices demanding explanations for the delays, the contractor allegedly leveraged political influence to facilitate the officer's transfer.

The High Court described this situation as an example of external and political interference in standard governance, reiterating that such actions have consistently been condemned by constitutional courts.

Transfer Order Annulled, State Given Discretion

Referencing established legal principles, the court stressed that transfers influenced by external pressure or recommendations are unacceptable. As a result, the transfer order from November 15, 2025, was nullified. However, the state government was permitted to make future transfer decisions in accordance with legal and administrative standards.

Records from the court revealed that the contractor, operating under the name M/s Himalayan Techno, was responsible for designing, supplying, and commissioning three solar power plants, each with a capacity of 500 kW, in the districts of Hamirpur, Kangra, and Bilaspur. Numerous reminders were sent after the projects failed to meet their deadlines.

Documents obtained via the Right to Information Act were also submitted to the court, including the letter to the Chief Minister in which the contractor requested the officer's transfer.

This ruling serves as a strong reminder that governance should not be dictated by private interests and that administrative decisions must remain free from external influences.