Alsindhi vs Unknown
2021 Latest Caselaw 4911 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
              ON THE 05th DAY OF OCTOBER 2021




                                                         .
                         BEFORE





        HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
                            &





          HON'BLE MS. JUSTICE JYOTSNA REWAL DUA

            CIVIL WRIT PETITION No. 5778 of 2021





      Between:-

      SH. SURINDER KUMAR
      S/O LATE SH. SARWAN KUMAR,

      R/O VILLAG JHARROT, POST OFFICE DIDWIN,
      TEHSIL BARSAR, DISTRICT HAMIRPUR, H.P.

      PRESENTLY WORKING SR.ASSISTANT IN GOVT.
      SENIOR SECONDARY SCHOOL,
      BHOTA, DISTRICT HAMIRPUR, H.P.
      UNDER TRANSFER OF GOVT. S.S.S.


      ALSINDHI, DISTRICT MANDI, H.P.
                                        .....PETITIONER
      (BY SH. SANJEEV BHUSHAN, SR ADVOCATE




      WITH SH. RAJESH KUMAR, ADVOCATE)





      AND

    1. STATE OF H.P.,





       THROUGH ITS PRINCIPAL SECRETARY (EDUCATION)
       TO THE GOVERNMENT OF HIMACHAL PRADESH,
       SHIMLA-2, H.P.

    2. DIRECTOR HIGHER EDUCATION
       SHIMLA, H.P.
                                        .....RESPONDENTS

      (BY SH. RAJINDER DOGRA, SENIOR
      ADDITIONAL ADVOCATE GENERAL
      WITH SH. VINOD THAKUR, MR.
      SHIV PAL MANHANS AND SH.
      HEMANSHU MISRA, ADDITIONAL




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                                       2



     ADVOCATES GENERAL,
     FOR THE RESPONDENTS/STATE)
____________________________________________________




                                                                     .
              This petition coming on for order this day, Hon'ble Mr.





    Justice Tarlok Singh Chauhan passed the following:





                               ORDER

Record reveals that the transfer of the petitioner has

been effected on the basis of recommendations made by a

person, who has nothing to do with the administration or the

administrative department to which the petitioner belongs. As

such, the transfer is clearly not sustainable in view of the

judgment rendered by the Court in CWP No.2862 of 2021,

titled as Vipender Kalta Vs. State of H.P. decided on

20.07.2021.

2. Accordingly, the present petition is allowed and

the impugned transfer order dated 14.09.2021 (Annexure P-1)

is quashed and set aside. Pending miscellaneous

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

( Tarlok Singh Chauhan ) Judge

( Jyotsna Rewal Dua ) Judge

October 05, 2021 (rohit)