IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 3rd DAY OF JANUARY, 2022
.
BEFORE
THE HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE
THE HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA, JUDGE
CIVIL WRIT PETITION NO. 8177 OF 2021
Between
KAMLESHWAR SO SH. DINA NATH R/O
VILL. DHANDRASHI, PO KALAHOD, TEHSIL
SUNDERNAGAR, DISTRICT MANDI, HP
PRESENTLY POSTED AS DM GHS
KALAHOD, DISTRICT MANDI, H.P.
....PETITIONER
(BY MR. SURINDER SAKLANI, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY (EDUCATION) TO
THE GOVT. OF HP, SHIMLA
2. DIRECTOR ELEMENTARY EDUCATION,
HIMACHAL PRADESH, SHIMLA, HP.
3. DEPUTY DIRECTOR ELEMENTARY
EDUCATION MANDI, DISTRICT MANDI,
H.P.
....RESPONDENTS
(BY SH. ASHOK SHARMA, ADVOCATE
GENERAL WITH MR. VINOD THAKUR,
ADDITIONAL ADVOCATE GENERAL)
_________________________________________________
This civil writ petition coming on for orders this day, Hon'ble
Mr. Justice Tarlok Singh Chauhan, delivered the following:
::: Downloaded on - 31/01/2022 23:32:33 :::CIS
2
JUDGMENT
.
Aggrieved by the order of transfer, the instant petition has been filed for the grant of following substantive relief: -
"(i) That a writ in the nature of certiorari may very kindly be issued thereby quashing impugned transfer order dated 14.12.2021 (Annexure P-1).
(ii) That a writ in the nature of mandamus may very kindly be issued thereby directing the respondents to allow the petitioner to continue serving as DM at GHS Kalahod, District Mandi, H.P."
2. A perusal of the record would go to show that the transfer of the petitioner has been effected solely on the basis of recommendations made by a person having nothing to do with the administrative authority or employer. Still, there is no independent application of mind by the administrative authority, however, in such circumstances, the impugned order cannot sustain in view of the judgment rendered by this Court in CWP No. 2862/2021 Vipender Kalta Vs. State of H.P. and others dated 20.7.2021.
3. Consequently, the instant petition is allowed and impugned order dated 14.12.2021 (Annexure P-1) is quashed and set side. Pending miscellaneous applications, if any, also stand disposed of.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge 3rd January, 2022.
(Guleria) ::: Downloaded on - 31/01/2022 23:32:33 :::CIS