High CourtsDivision Bench

Puran Chand vs State Of H.P. And Ors

High Court Of Himachal Pradesh · Decided on 1 April 2023 · Citation: (2023) 04 SHI CK 0004

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Virender Singh, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No.784 Of 2019
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Judgment

7 paragraphs · 195 words

Tarlok Singh Chauhan, J

1.

The instant petition has been filed for grant of following substantive reliefs:

“(i) that office order dated 21.2.2023 and 24.2.2023 (Annexure P-2 & P-4) may kindly be quashed and set aside qua the petitioner.

(ii) that the petitioner may kindly be allowed to continue to serve as TGT (Medical) in GSSS Kangar, Distt. Una, H.P.”

2 Perusal of the record that was produced by the official-respondents pursuant to the direction to this effect, goes to reveal that the petitioner has been transferred solely on the basis of D.O. note without there being any independent application of mind by the administrative authority.

3 Obviously, in such circumstances, the impugned order cannot sustain in the eyes of law and is accordingly quashed and set aside. However, it is made clear that since the petitioner has completed his normal tenure of service at the given station, therefore, this order shall not come in the way of the official-respondents in case they decide to effect transfer(s) in future.

4 The instant petition is disposed of, in the aforesaid terms, so also the pending application(s), if any, leaving the parties to bear their own costs.