New Delhi: The Supreme Court on Thursday said the state should give due consideration to the importance of protecting family life as an element of an individual’s dignity and privacy while framing policies for its employees. It said that state interference in the rights of individuals to privacy, dignity, and family life should be justified.
A bench of Justices DY Chandrachud and Vikramnath upheld the Kerala High Court order upholding the validity of a circular withdrawing Inter-Commissioner Transfer (ICT), holding that Central Excise and Customs There are no such provision in the Commissionerate Inspectorate (Central Excise, Preventive Officer and Examiner) Group ‘B’ Posts Recruitment Rules 2016.
“Therefore, while we uphold the judgment of the Division Bench of the High Court of Kerala, we leave it to the respondents (Centre) to reconsider the policy relating to the transfer of the spouse, accommodating the disabled and compassionate grounds,” the bench said. ” It said that in the present case, the State has been guided by two objectives: first, the possibility of misuse of ICT and second, the malpractice in service which gives rise to the plethora of litigation.
In a 50-page judgment penned by Justice Chandrachud, the bench observed that the executive directions and administrative directions relating to transfer and posting do not confer any inalienable right to transfer or claim to post. The Court observed that the State should, while framing the policy for its employees, give due consideration to the importance of protecting family life as an element of an individual’s dignity and privacy. It also said that state interference in the rights of individuals to privacy, dignity, and family life should be justified.
