Thakur Nath Singh vs State Of H.P And Others

Satyen Vaidya, J

Aggrieved against the order of transfer, the petitioner has filed the instant petition for 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 12.1.2022 (Annexure P-1) may kindly be quashed and set aside, in the interest of justice and fair play.”

A perusal of the record reveals that the impugned order of transfer has been passed on the basis of recommendation made by a person, who has nothing to do with the working of the administrative department of the petitioner and is rather an extra constitutional authority. Further, on the basis of aforesaid recommendation, U.O. Note has been issued accepting such recommendation and as a result thereof, the impugned order of transfer has been issued without independent application of mind by the administrative authority.

In such circumstances, the order of transfer can not sustain, in view of the decision rendered by Co-ordinate Bench of this Court in CWP No. 2862 of 2021, titled as Vipender Kalta vs. State of H.P. & Others, decided on 20.07.2021 and CWP no. 2621 of 2020, titled as Lekh Raj Vs. State of Himachal Pradesh & Others, decided on 17.08.2020.

Accordingly, the instant petition is allowed and the impugned transfer order dated 12.01.2022 (Annexure P-1) is quashed and set-aside. However, since, the petitioner has completed his normal tenure of service at the present place of posting, therefore, this order shall not come in the way of official respondents in case they still want to transfer the petitioner, however, such transfer shall be strictly in accordance with the Comprehensive Guiding Principles, 2013.

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