The case involves Pankaj Kumar, a senior forest officer who took charge as Conservator of Forest and director of the reserve in March 2024. He was transferred before completing the minimum tenure, which he alleged happened after a “malicious campaign” by staff members in his office.
The Uttarakhand High Court has questioned the transfer of the Nanda Devi Biosphere Reserve director, saying that senior officers cannot be pushed out because of pressure from “subordinate” workers. The court asked the state government to review the order, observing that such practices could set a dangerous precedent.
The case involves Pankaj Kumar, a senior forest officer who took charge as Conservator of Forest and director of the reserve in March 2024. He was transferred before completing the minimum tenure, which he alleged happened after a “malicious campaign” by staff members in his office.
A Division Bench of Chief Justice G Narender and Justice Subhash Upadhyay said a senior officer can’t be transferred at the expense of group B and C officers. The Bench further added “You can’t allow officers to be dominated by workers. The next officer will have to sit quiet… Do you want such an administration?” The judges warned that if employees were allowed to dictate postings, it could cause chaos in governance.
When the state’s counsel said the “whole workforce” was against the officer, the court responded, “If you allow subordinate workers to gang up and dictate posting, the forest will vanish… This is shocking. Tomorrow, four fellows will raise a flag against the Chief Secretary; will you shunt him? If they have a complaint, let them file.”
The petitioner’s counsel, Abhijay Negi, argued that the transfer violated service rules that guarantee officers a minimum tenure of two years. He also cited the Supreme Court’s 2014 judgment in the TSR Subramanian case, which criticised frequent transfers of civil servants based on “the the whims and fancies of the executive head for political and other considerations and not in public interest.”
The petition claimed that employees had spread false allegations of harassment against the officer. Meanwhile, the Uttaranchal Forest Ministerial Association had also written to the administration, stating that the officer concerned was misbehaving and harassing the workers. They had also threatened to go on strike if this was not addressed. The association had accused him of creating an “oppressive work environment”. It had also cited past instances of “punitive working style”.
Kumar denied the charges, calling them baseless. He said he was transferred to Haldwani as Conservator of Forests before any inquiry was conducted.
The High Court told the government to review the transfer order and orally observed that it should be stayed until the state filed an affidavit. The Bench said, ““If they gang up (against an officer), you throw them out… Unless he has committed some grave wrong, you should not accept such demands. The Chief Conservator who has agreed (to this) should be prosecuted for misconduct… If they gang up, they have someone’s blessing. It is a very wrong message you are putting out… You are guaranteeing complete anarchy.”
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