High CourtsDivision Bench

Raman Kumar vs State Of H.P. & Others

High Court Of Himachal Pradesh · Decided on 7 July 2023 · Citation: (2023) 07 SHI CK 0029

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Satyen Vaidya, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 4332 Of 2018
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Judgment

7 paragraphs · 214 words

Tarlok Singh Chauhan, J

1.

Aggrieved by the order of transfer dated 30.6.2023, the petitioner has filed the instant petition for the grant of following substantive reliefs:-

“i) That Your Lordships may graciously be pleased to issue the Writ in the nature of Certiorari quashing and setting aside the impugned office order dated 30.06.2023 contained in Annexure P-2.

ii) That Your Lordship may further graciously be pleased to issue the Writ in the nature of Mandamus directing the respondents to allow the petitioner to work at the present place of posting i.e. Gram Panchayat Nadoli, tehsil Jawali, District Kangra.”

3.

A perusal of the record that has been produced by the official respondents pursuant to directions issued to this effect would go to show that the transfer of the petitioner was triggered because of the DO Note issued by an MLA. Record further reveals that the recommendations, as such, were dittoed by the concerned Department without their being any application of mind as to whether the transfer was required to be effected in Administrative exigency or in public interest.

3.

In such circumstances, the impugned order of transfer cannot sustain and the same is quashed and set-aside.

4.

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