Shakti Swaroop Sharma vs H.P. State Electricity Board Ltd. and Others

Deepak Gupta, J.—The petitioner by means of this petition has challenged the order dated 17.5.2012 whereby he has been transferred from Electrical Sub Division, Damtal to 132 KV S/Stn. Sub Division, Kandrori. The petitioner has levelled various allegations and tried to make out a case that his transfer has been ordered due to extraneous reasons and being a mala fide transfer should be set-aside. From the reply we find that the petitioner now belongs to a State level cadre. Earlier he was in the circle cadre but it is apparent that the petitioner throughout his service career has served in and around a particular area of Kangra district i.e. Jawali, Damtal and nearby areas. Even now he has been posted to Kandrori from Damtal, which is at a distance of 25-30 kilometers.

Without going into the allegations in detail, it is obvious that the petitioner has somehow managed to stay in a particular area throughout his career. A person who somehow manages to stay in one particular area has no right to allege that he has been transferred due to mala fide reasons if his normal tenure at a particular station is complete. After going through the entire record, we are of the considered view that the transfer of the petitioner has been ordered on administrative grounds keeping in view the administrative exigencies and therefore, we find no reason to interfere in the same. Accordingly, the petition is dismissed. No costs.