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Judgment
The instant petition has been filing for the grant of following substantive relief(s):
"i) Issue a writ of certiorari to quash Annexure P1 i.e. impugned order dated 29.11.2021.
ii) Issue a writ of mandamus directing the Respondent authorities to allow the petitioner continue at office of the Deputy Director of Horticulture, Kinnaur at ReckongPeo in the interest of justice and fair play."
Record produced by the respondentsState would go to reveal that the transfer of the petitioner has solely been made on the basis of D.O. Note, without their being any independent application of mind by the administrative authority. Obviously, such transfer cannot be sustained.
This issue has already been dealt with, in detail, by this Court in CWP No. 2862/2021, titled as "Vipender Kalta vs. State of H.P. & Ors.", decided on 20.07.2021.
In this view of matter, the impugned order of transfer dated 29.11.2021 (Annexure P1) cannot sustain and the same is quashed and set aside.
The petition is allowed, in the aforesaid terms. However, it is made clear that in case the petitioner has completed his normal tenure of service at the given station, then this order shall not come in the way of the respondentsState to consider the case of the petitioner for transfer, in accordance with law.
Pending application(s), if any, also stand disposed of, leaving the parties to bear their own costs.