High CourtsDivision Bench

Kashmir Singh vs State Of H.P. & Others

High Court Of Himachal Pradesh · Decided on 5 July 2023 · Citation: (2023) 07 SHI CK 0020

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Satyen Vaidya, J
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No. 3346 Of 2023
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Judgment

5 paragraphs · 176 words

Tarlok Singh Chauhan, J

1.

Aggrieved by the order of transfer dated 18.05.2023, the petitioner has filed the instant petition for the grant of following substantive relief:-

a. That the order dated 18.05.2023 Annexure P-1 may be quashed and set aside and the respondents may be directed to allowed the petitioner to continue at the present place of posting.

2.

Records of transfer produced by the respondents pursuant to the directions of this Court goes to reveal that the transfer of the petitioner has been effected solely on the basis of D.O. Note No.35751 dated 29.04.2023, that too, issued by an extra Constitutional authority i.e. an Ex MLA. Obviously, in such circumstances, the impugned order of transfer cannot sustained, more particularly, for the reasons as already assigned by us while deciding CWP No. 2862 of 2021 titled as Vipender Kalta vs. State of H.P and others, decided on 20.07.2021 .

3.

Consequently, the writ petition is allowed and the impugned order of transfer is quashed and set aside. Pending application(s), if any, also stands disposed of.