Rajani Devi vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 3453 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                          CWP No.3573 of 2021.




                                                                        .
                                          Date of decision: 03.08.2021.





    Rajani Devi                                                   .....Petitioner.





                                   Versus
    State of Himachal Pradesh and others                       .....Respondents.


    Coram





    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
    The Hon'ble Mr. Justice Satyen Vaidya, Judge.
    Whether approved for reporting?1                   No
    For the Petitioner
                        r         :       Mr. Anup Rattan, Advocate.

    For the Respondents:                   Mr. Ashok Sharma, Advocate General
                                           with Mr. Rajinder Dogra,    Senior
                                           Additional Advocate General, Mr.
                                           Vinod Thakur, Mr. Hemanshu Misra,


                                           Mr. Shiv Pal Manhans, Additional
                                           Advocate Generals, Mr. J.S. Guleria
                                           and Mr. Bhupinder Thakur, Deputy
                                           Advocate General, for respondents




                                           No.1 to 3.





                                           None for respondents No. 4 and 5.

                                           (Through Video Conferencing)





    Tarlok Singh Chauhan, Judge (Oral)

Since the record reveals that the transfer of the

petitioner has been effected on the basis of the D.O. Note

and, therefore, the same is not sustainable in view of the

consistent view taken in various judgments passed by this

Court.

Whether the reporters of the local papers may be allowed to see the Judgment?Yes

2. Reference in this regard can conveniently be

made to a judgment rendered by the Division Bench of this

.

Court in CWP No. 801 of 2013 in case titled Sanjay

Kumar vs. State of H.P. and others, decided on

05.07.2013.

3. Accordingly, the writ petition is allowed and the

transfer order dated 22.06.2021 (Annexure P-1) is quashed

qua the petitioner. The parties are left to bear their own

costs. Pending application, if any, also stands disposed of.

4. However, before parting, it is made clear that

since the petitioner has completed her normal tenure of

service at the given station, therefore, this order will not

come in the way of the official respondents in considering

the case of the petitioner for transfer which essentially shall

have to be effected in accordance with law.

(Tarlok Singh Chauhan) Judge

(Satyen Vaidya) Judge 3rd August, 2021.

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