Karan Chandel vs HPSEB Ltd Through Executive Director, Hpsebl, Vidyut Bhawan And Others

Sandeep Sharma, J

Being aggrieved and dissatisfied with issuance of order dated 6.1.2022 (Annexure P-1), whereby petitioner herein has been ordered to be

transferred from the office of ED. HPSEBL, Ghumarwin to O/o Electrical Division, HPSEBL, Reckong-Peo vice Er. Padam Chhodup, AE (Elect),

who has been further transferred to Electrical Division, HPSEBL, Tabo against a vacancy, petitioner has approached this court in the instant

proceedings, filed under Article 226 of the Constitution of India, praying therein for following main relief:

“ i) That in view of the facts and circumstance mentioned herein above in this writ petition, the writ petition may kindly be allowed and the

impugned order dated 6.1.2022 ( Annexure P-1) may kindly be ordered to be quashed and set aside.â€​

Learned counsel for the petitioner while inviting attention of this court to aforesaid impugned order submits that factum with regard to

petitioner’s transfer from the present place of posting to Rekong-peo on the instructions of higher ups can be well gauged from the fact that with

the issuance of order dated 6.1.2020, petitioner was ordered to be relieved by the Head quarter, whereas at the time of his transfer, he was working at

Ghumarwin and as such, ought to have been relieved by the Executive Engineer of that division and as such, impugned order being actuated by the

malafides cannot be allowed to sustain. However, having taken note of the fact that petitioner has already completed normal tenure of posting at

Ghumarwin, this court is not impressed with the aforesaid submission made by the learned counsel for the petitioner, but having taken note of the

medical condition of the petitioner as is evident from Annexure P-2 (Colly.) this Court deems it fit to dispose of the present writ petition, reserving

liberty to the petitioner to file representation to the appropriate authority within one week, requesting therein either to cancel the transfer or adjust him

against the vacant post of M&T Circle, HPSEBL, Bilaspur. On receipt of such representation, appropriate authority shall decide the same

expeditiously, preferably within four weeks. Needless to say, authority concerned while doing the needful in terms of instant order shall afford an

opportunity of being heard to the petitioner, who at the time of hearing, may also make available complete record with regard to his treatment, enabling

it to pass appropriate orders. Since none has been ordered to be transferred in the place of the petitioner, this court deems it fit to stay the operation of

impugned order transfer dated 6.1.2022, till the disposal of the representation and during this period, petitioner would be allowed to work at his present

place of posting. In the aforesaid terms, present petition is disposed of a/w pending applications if any.

Copy dasti.