Challenging his transfer, he alleged that he had been penalised because he had informed the Government about misuse of funds. He stated that even though there are 8 to 10 persons who have remained in Jalandhar for the last about 11 years, he was transferred as he had brought to the notice of the government a number of scandals.

The respondents contended that the applicant was in the habit of directly corresponding with the headquarters in spite of being repeatedly told that such direct correspondence was against the provisions of conduct rules.

After hearing counsel for the parties, the bench observed that the respondents did not refute the allegations or averments made by the applicant. It concluded that the power to transfer had been used as a weapon to punish the applicant for writing directly to CGDA and the same being punitive in nature, could not be allowed under law.

It was further observed that the attempt to dissuade government officials in a normal practice of writing to the senior most officer in a particular department is understandable but cannot be pleaded in each and every instance because such practice for maintenance of discipline is one thing but to be used for stifling the voice of an honest government servant is altogether different.

Observing that the applicant was an inconvenience to some officers in Jalandhar, his removal appeared to be only reason for the transfer. The bench set aside the order with directions to the respondents that he would be taken back in Jalandhar.

It firther directed that if the applicant had joined duty at the new place, he would also be entitled to receive the allowances and other amounts payable to a person for joining back in Jalandhar from Gorakhpur.

The orders were directed to be implemented within 45 days.