Chaman Lal vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 2971 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2468 of 2021 Date of Decision: 28.6.2021

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Chaman Lal .......Petitioner Versus State of Himachal Pradesh and others ...... Respondents.

____________________________________________________ Coram:

Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1

For the Petitioner: Mr. Anubhav Chopra, Advocate. For the Respondents: Mr. Ajay Vaidya, Senior Additional Advocate General.

Through video-conferencing __________________________________________________________

Sandeep Sharma, Judge(oral):

Being aggrieved and dissatisfied with the order dated

17th April, 2021(Annexure P-1), issued under the signatures of

Additional Director Health Services, Himachal Pradesh, whereby

petitioner came to be transferred from CHC Nalagarh, District

Solan, H.P., to Office of BMO Shri Naina Devi Ji, District Bilaspur,

Himachal Pradesh, petitioner has approached this Court in the

instant proceedings, praying therein to quash the aforesaid order

dated 17th April, 2021(Annexure P-1).

2. Though, the allegation of the petitioner is that he has

been transferred on the DO note issued by Public representative,

but having taken note of the fact that the petitioner has already

completed his normal tenure at present place of posting, this

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

Court sees no reason to interfere in the transfer order, which

otherwise appears to have been passed strictly as per the transfer

policy formulated by Government of Himachal Pradesh.

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3. Consequently, in view of the above, the present

petition is disposed of being devoid of any merit. However, having

taken note of the fact that there is none to take care of ailing

parents of the petitioner, this Court reserves liberty to the

petitioner to file representation before the appropriate authority

seeking therein cancellation of his transfer order or adjustment at

the station of his convenience, within a period of ten days. On

receipt of such representation, respondent-authority shall

consider and decide the same expeditiously, preferably within a

period of four weeks. Needless to say, respondents, while doing the

needful, shall afford an opportunity of hearing to the petitioner

and pass a speaking order thereupon. Till the time, representation

is not decided by the authority concerned, petitioner would not be

compelled to join at the transfer station and during this period, he

shall be at liberty to avail the leave of kind due.

Petition stands disposed of in the aforesaid terms

alongwith all pending applications.

(Sandeep Sharma), Judge 28th June, 2021 (shankar)