Chering Namgyal vs State Of Himachal Pradesh And Others

Sandeep Sharma, J

Being aggrieved with issuance of office order dated 15.12.2021, whereby petitioner has been ordered to be transferred from Sub Division Section

Yangthang, Sumra to Hango Section Yangthang, petitioner has approached this court in the instant proceedings, praying therein

for following reliefs.

“1. To issue a writ in the nature of certiorari or any other writ to quash the impugned communication dated 15.-12-2021 ANNEXURE P/1,

whereby the petitioner is transferred from section Yangthang/Sumra to Hango section under Sub Division Pooh, of HPPWD, in district Kinnaur, HPâ€​

Though, no reply has been filed by respondents but since it is not in dispute that the petitioner has already completed his normal tenure of posting at

the present place of posting i.e. Sub Division Section Yangthang/Sumra, this court finds no merit in the present petition, however, having taken note of

the fact that petitioner is a Beldar, this court deems it fit to dispose of the present petition, reserving liberty to the petitioner to file a representation to

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

receipt of such representation, the competent authority shall decide the same expeditiously, preferably within a period of four weeks, after affording

opportunity of hearing to the petitioner and shall pass a speaking order thereupon. Till the time, representation in terms of this order is decided by the

competent authority, petitioner would not be compelled to join at the transferred station.

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

Copy Dasti.