Between vs Unknown
2021 Latest Caselaw 4229 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                ON THE 27th DAY OF AUGUST, 2021

                            BEFORE




                                                       .

          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
                               &





               HON'BLE MR. JUSTICE SATYEN VAIDYA

                CIVIL WRIT PETITION NO. 896/2021





    BETWEEN:
    SMT. SHAILJA,
    W/O SANGRAM SINGH,
    R/O VILLAGE JOL, P.O. BHALI,

    TEHSIL JAWALI, DISTRICT KANGRA,

    H.P., AGED ABOUT 32 YEARS.
                                              ....PETITIONER

    (BY SH. NARESH KAUL & SMT. SHEETAL KAUL, ADVOCATES)



    AND

    1.    STATE OF HIMACHAL PRADESH




          ITS SECRETARY (EDUCATION) TO
          THE GOVERNMENT OF H.P., SHIMLA­2.





    2.    THE DIRECTOR OF ELEMENTARY EDUCATION,
          LALPANI, SHIMLA­1.





    3.    THE DEPUTY DIRECTOR OF ELEMENTARY
          EDUCATION,
          KANGRA AT DHARAMSHALA,
          DISTT. KANGRA, H.P.
    4.    SH. ARJUN SINGH,
          S/O SH. RATTAN CHAND,
          R/O VILLAGE & P.O. CHALWARA,
          TEHSIL JAWALI, DISTRICT KANGRA,
          H.P. PRESENTLY MEMBER OF LESGILATIVE
          ASSEMBLY, JAWALI, DISTT. KANGRA, H.P.

                                              ....RESPONDENTS




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                                          2


    (BY SH. ASHOK SHARMA, A.G. WITH SH. RAJINDER DOGRA,
    SR. ADDL. A.G., SH. VINOD THAKUR, SH. HEMANSHU
    MISRA, SH. SHIV PAL MANHANS, ADDL. A.GS. AND SH.
    BHUPINDER THAKUR, DY.A.G. R­1 to 3)
    ___________________________________________________________________




                                                                 .

                   This petition coming on for admission this day, Hon'ble

    Mr. Justice Tarlok Singh Chauhan, passed the following:





                   ORDER

The petitioner admittedly has been ordered to be

transferred on the basis of D.O. note without there being any

independent application of mind by the administrative

department.

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

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

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 instant petition is allowed and the

impugned order of transfer dated 17.2.2021 (Annexure P­10) is

quashed and set aside. Pending application(s), if any, also stands

disposed of.

                                                (Tarlok Singh Chauhan)
                                                        Judge


                                                    (Satyen Vaidya)
    27.8.2021                                            Judge
        (pankaj)