Sanjeev Kumar vs State Of H.P. And Others

Jyotsna Rewal Dua, J

Notice. Mr. Hemant Vaid, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents/State.

No notice is required to be issued to respondent No.3 in view of the order being passed hereinafter.

Vide impugned order (Annexure P/1), the petitioner has been transferred to accommodate respondent No.3. A perusal of the order shows that it

has been passed in compliance to judgment rendered in CWP No.6186/2020.

In the instant case, as per submissions made in the petition, the petitioner has been transferred to a hard area. In this regard, learned counsel for the

petitioner submits that the petitioner has adverse family circumstances because of which, it will be difficult for him to join at the transferred

station/hard area. Accordingly, learned counsel for the petitioner submits that his client would be content in case he is permitted to file a representation

before respondent No.2 seeking his adjustment in some other area, without disturbing respondent No.3. Prayer being innocuous is not opposed by the

learned Additional Advocate General.

Consequently, the instant writ petition is disposed of by permitting the petitioner to represent before respondent No.2 within a period of one week from

today seeking his adjustment elsewhere and in turn the representation so made by the petitioner shall be considered and decided on its merit by

respondent No.2 in accordance with applicable transfer policy within two weeks thereafter. Till such time, petitioner shall not be compelled to join at

the transferred station and he may be permitted to avail leave of kind due. Pending miscellaneous application(s) also stand disposed of.