High CourtsDivision Bench

Mohinder Singh vs State Of H.P. & Ors

High Court Of Himachal Pradesh · Decided on 10 April 2023 · Citation: (2023) 04 SHI CK 0056

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Virender Singh, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No.1590 Of 2023
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Judgment

6 paragraphs · 179 words

Tarlok Singh Chauhan, J

1.

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

i) That in view of the submissions made in the writ petition, the writ petition may kindly be allowed and the impugned transfer order dated 22.03.2023 may kindly be quashed and set aside qua the petitioner.

2.

A perusal of the record produced by the respondents pursuant to the directions passed by this Court, goes to reveal that even through the transfer of the petitioner has been effected on the basis of the D.O. note issued by the local M.L.A., however, the transfer is still not legally sustainable as the local M.L.A. has no authority to suggest the transfer of the petitioner outside his constituency, more particularly, to another District.

3.

In the given facts and circumstances, the impugned transfer order dated 22.03.2023 (Annexure P- 2) is not sustainable and the same is accordingly quashed and set aide.

4.

The petition stands disposed of in the aforesaid terms, so also pending applications, if any.