Bhagat Ram vs State Of H.P And Others
2021 Latest Caselaw 1255 HP

THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                              CWP No. 1035 of 2021
                                              Decided on: 24.02.2021




                                                                          .

       Bhagat Ram
                                                                      .......Petitioner

                                            Versus





       State of H.P and others
                                                                  ......Respondents





       Coram
       The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice.
       The Hon'ble Mr. Justice Ravi Malimath, Judge.

       Whether approved for reporting?1

       For the petitioner:                 Mr. Dinesh Bhanot, Advocate.
       For the respondents:                Mr. Ashok Sharma, A.G with Ms.
                                           Ritta Goswami, Addl. A.G and
                                           Mr. Adarsh Sharma, Addl. A.G


                                           for the respondent-State.
       L. Narayana Swamy, Chief Justice. (Oral)

Transfer order dated 1st February, 2021 whereby the

petitioner has been transferred to Sawag (Arki) has been

challenged on the ground that petitioner has been transferred

contrary to Clause 5.5 of the Transfer Policy as he has less than

two years to retire. Learned Additional Advocate General submits

that in case the petitioner approaches the respondent authorities

by filing a representation the same shall be considered and

appropriate orders will be passed thereon.

2. In view of the submissions made by learned counsel

for the parties, this petition is disposed of with liberty to the

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

petitioner to make representation to the first respondent within a

period of two weeks. On receipt of such representation, the

.

concerned respondent shall decide the same within two weeks

thereafter and pass appropriate orders in the light of Clause 5.5

of the transfer policy as the petitioner has less than two years of

service to retire. Till then, the impugned order Annexure P-1 qua

the petitioner shall remain stayed. Pending application(s), if any,

shall also stand disposed of.

Dasti copy.

                         r                   ( L. Narayana Swamy )

                                                   Chief Justice


    February 24, 2021                            ( Ravi Malimath )
        (naveen)                                       Judge