Bhupa Chandel vs State Of H.P. And Others

Sureshwar Thakur, J

The writ petitioner, becomes aggrieved, from the impugned transfer order(s), borne in Annexure P-2. His strived grounds for casting an onslaught

thereon(s), is, embedded in the factum that, despite, during the ongoing pandemic, a complete embargo becoming imposed against, the, making(s), of,

transfer orders, except (i) on medical grounds, or, (ii) on administrative exigencies, yet, the, impugned order, becoming rendered. He also submits that

though the afore ban, is also relaxable and condonable, inasmuch as, upon the afore parameters, hence the Hon’ble Chief Minister, according his

approval thereto, yet he submits that neither any, of, the afore excepting parameters, to the rigor of the complete ban, working against the making(s),

of, transfer order(s), during the ongoing pandemic, is/are, satisfied, nor also the order of transfer, as contained in the Annexure(s) concerned, has been

meted, the, apposite approval by the Hon’ble Chief Minister. Obviously, he contends that the impugned transfer order, is, stained with vice, of,

gross malafides, and, is, warranting interference.

Be that as it may, the records, as were summoned, from the office of the learned Advocate General, stands placed on record, and, perusal thereof

discloses that the order of transfer, has been made in pursuance to the Hon’ble Chief Minister, according his approval, to the proposal, as

emanated qua therewith, from the authorities concerned. Consequently, in face of the afore, the vigor of the espousal, made before this Court, by the

learned counsel for the petitioner does, become blunted and maimed.

Even otherwise, on ground of equity, the petitioner has not formed a firm pedestal to rest his case, inasmuch as, she has continued to be posted, for

an elongated duration, of, time, at the station, wherefrom she was transferred , thereupon, it became imperative, for the respondent concerned, to

transfer her from the station concerned, as, obviously, she holds no indefeasible right to seek her retention thereat.

In aftermath, there is no merit in the writ petition and the same is dismissed. However, as prayed for, liberty is reserved to the writ petitioner, to

make a representation, before respondent No. 2, for seeking her adjustment, at some convenient place, i.e. at BMO Office Padhar or at BMO Office

Katola. Upon the afore representation being made, the authority concerned, shall, within two weeks, hereafter, make a decision thereon, in

accordance with law, after affording an opportunity, of, hearing, to the writ petitioner. Also, the pending application(s), if any, are also disposed of.

Summoned records be returned to the office of the Advocate General.