The Himachal Pradesh High Court refused to step into the territory of the executive while responding to a petition related to an officer’s posting on deputation. According to an IANS report, the court clearly pointed out the areas earmarked for the judiciary and the executive. It said: “It’s for the government to decide how best his services can be utilized”.
The case relates to a petition filed by a police officer who was on deputation with the Enforcement Directorate but was subsequently recalled. The officer went to court, challenging his recall. The state government had called him back on the ground that there was a leadership shortage in Himachal Pradesh.
According to the report, the court held that the government was the best judge on how to distribute and utilize the services of its employees. As a cautionary note, it noted that this power should be exercised only in public interest.
The court further observed that the matter was purely administrative and normally such challenges to administrative orders should not be entertained by courts or tribunals. In a telling statement, the court asserted that “the state administration cannot function with its hands tied by judiciary behind its back”.
However, the court also made it clear that “if the exercise of power is based on extraneous considerations or for achieving an alien purpose or an oblique motive it would amount to malafide and colourable exercise of power”. The court ruled that in such a case, it could definitely step in.