Bhagat Singh vs State Of H.P. & Another

Sabina, J

The petitioner has filed the instant petition under Article 226 of the Constitution of India, seeking following relief:-

“(a). That in view of the facts and circumstances mentioned hereinabove in this writ petition, the writ petition may kindly be allowed and the iumpugned order dated 31.03.2023 contained in Annexure P-1 may kindly be quashed and set aside.

Learned counsel for the petitioner has submitted that the petitioner was working in a tribal area and vide impugned transfer order, although he has been transferred to a soft area, but as per the transfer policy petitioner was liable to be transferred to the place of his choice. Learned counsel for the petitioner has submitted that the petitioner be granted liberty to approach respondent No.2 by way of representation for redressal of his grievances and the same be ordered to be disposed of within some time bound manner.

Accordingly, without adverting to the merits of the case, this writ petition is disposed of with a direction that in case the petitioner moves a representation before respondent No.2 in terms of the transfer policy, dated 10th July, 2013, within one week from today, then respondent No.2 shall dispose of the same within two weeks from the receipt of the representation, in accordance with law.

Till the disposal of the representation moved by the petitioner, the operation of impugned transfer order dated 31.03.2023 (Annexure P-1) shall remain stayed.

Pending application(s), if any, shall also stand disposed of.

To come up for compliance on 26th May, 2023.