Bandna Sharma vs State Of H.P. Through The
2021 Latest Caselaw 5881 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                   ON THE 24th DAY OF DECEMBER, 2021




                                                               .
                                 BEFORE





    THE HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE
    THE HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA, JUDGE





              CIVIL WRIT PETITION NO. 7957 OF 2021

    Between





    BANDNA SHARMA W/O MR. SANJIV
    KUMAR     SHARMA,    AGED  54
    YEARS,R/O VILL. MOTUMRAN, PO
    MAIRA BANI, TEHSIL RAKAD,

    DISTRICT KANGRA, H.P.
                                                           ....PETITIONER

    (BY MR. ANSHUL ATTRI, ADVOCATE)

    AND


    1. STATE OF H.P. THROUGH THE
    SECRETARY (HIGHER EDUCATION)
    TO     THE   GOVERNMENT   OF
    HIMACHAL PRADESH, SHIMLA-




    171002, H.P.





    2. THE    DIRECTOR,     HIGHER
    EDUCATION,            HIMACHAL
    PRADESH, SHIMLA, H.P.





    3.  THE   DEPUTY     DIRECTOR,
    HIGHER EDUCATION, KANGRA,
    DISTRICT KANGRA, H.P.

                                                        ....RESPONDENTS

    (BY SH. ASHOK SHARMA, ADVOCATE
    GENERAL WITH MR. HIMANSHU MISHRA,
    ADDITIONAL ADVOCATE GENERAL)
    ________________________________________________
                This civil writ petition coming on for order this day,
    Hon'ble Mr. Justice Tarlok Singh Chauhan, delivered the following:




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                                    ORDER

The instant petition has been filed for the grant of

.

following substantive relief: -

"(i) That the impugned transfer order dated 8th November,

2021(Annexure P-1) may very kindly be quashed and set aside and the petitioner may kindly be allowed to continue working at her present place of posting i.e. GSSS (Boys) Pragpur, District Kangra, H.P.

It appears that the transfer of the petitioner was proposed by

the Education Minister and thereafter approved by the Hon'ble Chief

Minister, however, there is no independent application of mind by the

administrative authority with regard to the necessity of effecting the

transfer of the petitioner and the same has been accorded on the basis of the

recommendation having been approved by two authorities, as mentioned

above. However, in the absence of taking any independent application of

mind by the administrative authorities, the transfer of the petitioner cannot

sustain, as has been held by this Court in various judgments. Therefore,

the impugned order is quashed and set aside, leaving the parties to bear

their own costs. Pending miscellaneous applications, if any, also stand

disposed of.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge

24th December, 2021 (Guleria)