Chhering Funchok vs State Of H.P And Others

Sabina, J

Petitioner has filed this petition under Article 226 of the Constitution of India, seeking quashing of transfer order dated 26th November, 2021 (Annexure P-1).

Learned counsel for the petitioner has submitted that the transfer order (Annexure P-1) has been passed on the basis of D.O. Note No.C-341313.

Notices of the petition were issued to the respondents and learned State Counsel has produced the record for consideration.

A perusal of the record shown by the learned State Counsel reveals that the transfer order (Annexure P-1) has been simply passed on the basis of a D.O. note and there is nothing to suggest that the transfer order has been passed after due application of mind by the respondent-Department.

It has been time and again held by the Hon'ble Apex Court as well as by this Court that, whenever, any transfer is ordered on the basis of a D.O. note and not by the Department, then such transfer order is liable to be set aside, unless and until it is shown that the Administrative Department has passed the same after due application of independent mind.

Accordingly, this writ petition is allowed. Impugned transfer order dated 26th November, 2021 (Annexure P-1) is set aside. However, the respondents would be at liberty to pass fresh order in accordance with law.

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

Copy dasti.