Dr. Kushal Kumar vs State Of H.P. & Ors
2021 Latest Caselaw 3607 HP

                                                   1


         IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                                CWP No. 1585 of 2021
                                Decided on: 05.08.2021
    ____________________________________________________________




                                                                          .
    Dr. Kushal Kumar                            ....Petitioner.





                                               Versus





    State of H.P. & Ors.                         ..Respondents
    _____________________________________________________________
    Coram

    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge




    The Hon'ble Mr. Justice Satyen Vaidya, Judge.

    1
     Whether approved for reporting? No

    ______________________________________________________
    For the Petitioner:            Mr. Vikas Rajput, Advocate

    For the respondents No. 1 to 3.                 Mr. Ajay Vaidya, Sr. Addl.
                                                    Advocate General.



    For the respondent No.4:                           Mr. Divya Raj Singh Thakur,
                                                       Advocate.






    Tarlok Singh Chauhan, Judge (Oral)

Admittedly, the transfer of the petitioner has been

effected on the basis of D.O. Note.

2. Once that be so, then in terms of the judgment

rendered by this Court in CWP No. 801 of 2013, titled as

Whether reporters of Local Papers may be allowed to see the judgment?

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

05.07.2013, the impugned transfer order is not sustainable

in the eyes of law.

.

3. Accordingly, the writ petition is allowed and

the transfer order, dated 09.03.2021(AnnexureP­2) is

quashed and set aside. However, since the petitioner has

completed his normal tenure of service at the given station,

this order shall not prevent the official respondents from

considering the case of the petitioner for transfer, which, of

course, shall have to be in accordance with law. Pending

application(s), if any, also stands disposed of.

Copy dasti.

                                              (Tarlok Singh Chauhan)
                                                    Judge






                                                 (Satyen Vaidya)
    August 05, 2021                                   Judge
     (himani/pankaj)