Vijay Katoch vs State of H.P.

Deepak Gupta, J.—The petitioner, by means of this petition, has prayed that the order dated 2.4.2012, whereby his transfer from Patwar Circle, Barwalkhad to Patwar Circle, Paprola was cancelled and he was retained at Barwalkhad be quashed and set aside. Briefly stated, the facts of the case are that the petitioner, who is a Patwari, was working in Patwar Circle, Barwalkhad was ordered to be transferred to Patwar Circle, Paprola vide order dated 17.3.2012. He submitted his joining report to the Tehsildar on 19th March, 2012 and sent reminders to the Tehsildar to accept his joining report but the joining report was not accepted and thereafter the petitioner filed CWP No. 2049 of 2012-E in this Court, which was disposed of on 18.4.2012. This Court found that the earlier order dated 17.3.2012 had been cancelled on 2.4.2012. The petition was disposed of with liberty reserved to the petitioner to pursue his grievances. It was further directed that the petitioner would be treated to be on continuous duty at Patwar Circle Bharwalkhad. The petitioner has now challenged the order of cancellation.

In the reply filed by the State, it is stated that the order dated 17th March, 2012, whereby petitioner Shri Vijay Katoch was transferred to Patwar Circle, Paprola on his request was never marked to him but was only sent to the Tehsildar, Baijnath. However, the petitioner without getting himself relieved from Patwar Circle, Barwalkhad submitted his joining report in Patwar Circle, Paprola. It is further stated that the Naib Tehsildar made enquiries and he was informed by the Kanungo that the petitioner was holding charge of two Patwar Circles i.e. Patwar Circle Barwalkhad and Patwar Circle Khaillaand and that important time bound work of agriculture census 2010-11entrusted to him had yet not been completed. It was also found that if the petitioner was relieved from Patwar Circle, Barwalkhad then charge would have to be given to Sh. Desh Raj, Patwari of Kurang Patwar Circle. Shri Des Raj was also holding extra charge of Patwar Circle Patelnagar and therefore, the Naib Tehsildar felt that it would not be administratively proper to give charge of four Patwar Circles to Shri Desh Raj and therefore, the joining of the petitioner was not accepted. Thereafter, the higher authorities, keeping into consideration the entire factors cancelled the transfer of the petitioner. The petitioner has no vested right to be transfered to Paprola and he was posted to Barwalkhad only on 20.6.2011 and has not completed his normal tender there. After perusing the reply of the State, we are of the considered opinion that the State has taken a decision, which cannot be said to be arbitrary. The administrative exigencies have been considered and the transfer order cancelled. We, therefore, find no merit in this petition, which is accordingly dismissed. No costs.