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Chaman Lal vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 28 June 2021 · Citation: (2021) 06 SHI CK 0136

HON’BLE JUDGES
Sandeep Sharma, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2468 Of 2021

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Judgment

16 paragraphs · 310 words

Sandeep Sharma, J

1.

Being aggrieved and dissatisfied with the order dated 17th April, 2021(Annexure P-1), issued under the signatures of Additional Director Health

Services, Himachal Pradesh, whereby petitioner came to be transferred from CHC Nalagarh, District Solan, H.P., to Office of BMO Shri Naina Devi

Ji, District Bilaspur, Himachal Pradesh, petitioner has approached this Court in the instant proceedings, praying therein to quash the aforesaid order

dated 17th April, 2021(Annexure P-1).

2.

Though, the allegation of the petitioner is that he has been transferred on the DO note issued by Public representative, but having taken note of the

fact that the petitioner has already completed his normal tenure at present place of posting, this Court sees no reason to interfere in the transfer order,

which otherwise appears to have been passed strictly as per the transfer policy formulated by Government of Himachal Pradesh.

3.

Consequently, in view of the above, the present petition is disposed of being devoid of any merit. However, having taken note of the fact that there

is none to take care of ailing parents of the petitioner, this Court reserves liberty to the petitioner to file representation before the appropriate authority

seeking therein cancellation of his transfer order or adjustment at the station of his convenience, within a period of ten days. On receipt of such

representation, respondent-authority shall consider and decide the same expeditiously, preferably within a period of four weeks. Needless to say,

respondents, while doing the needful, shall afford an opportunity of hearing to the petitioner and pass a speaking order thereupon. Till the time,

representation is not decided by the authority concerned, petitioner would not be compelled to join at the transfer station and during this period, he shall

be at liberty to avail the leave of kind due.

Petition stands disposed of in the aforesaid terms alongwith all pending applications.