High CourtsDivision Bench

Manoj Kumar vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 25 August 2021 · Citation: (2021) 08 SHI CK 0242

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Satyen Vaidya, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 3814 Of 2021
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Judgment

11 paragraphs · 195 words

Tarlok Singh Chauhan, J

1.Admittedly, the transfer of the petitioner has been effected on the basis of a D.O. Note, therefore, the same is not sustainable in view of the

judgment rendered by this Court in CWP No. 2862 of 2021 titled as Vipender Kalta vs. State of H.P., decided on 20.07.2021.

2.

Consequently, the writ petition is allowed and the impugned transfer order dated 09.07.2021 is quashed and set aside. Since the petitioner has

completed his normal tenure at the present place of posting, therefore, we make it absolutely clear that this order shall not come in the way of the

official respondents to transfer the petitioner.

3.

It would be noticed that the private respondent has resorted to course which may not be legally recognized, but nonetheless, taking into

consideration her individual hardship, we permit her to make a representation to respondent No.2 within two weeks from today. The same shall be

considered by the respondent sympathetically, taking into consideration her medical condition and appropriate order in this regard be passed within two

weeks thereafter.

4.

The writ petition is disposed of in the aforesaid terms, so also the pending application(s), if any.