Himachal Pradesh High Court
Pawan Kumar Soni vs State Of H.P on 28 October, 2021
Bench: Tarlok Singh Chauhan, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 28th DAY OF OCTOBER, 2021
BEFORE
.
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No.5291 of 2021
Between:-
PAWAN KUMAR SONI
S/O SH. PARSHOTAM DASS SONI,
R/O SHARUL COTTAGE, TOP HILL,
INDER NAGAR, DHALLI, DHIMLA, H.P.
r .....PETITIONER
(BY SH. SANJEEV BHUSHAN, SENIOR ADVOCATE, WITH
MR. RAKESH CHAUHAN, ADVOCATE)
AND
1. STATE OF H.P.
THROUGH SECRETARY (EDUCATION)
TO THE GOVERNMENT OF
HIMACHAL PRADESH.
2. DIRECTOR OF HIGHER EDUCATION,
HIMACHAL PRADESH, SHIMLA, H.P.
3. LALIT JISHTU
S/O NOT KNOWN TO THE
PETITIONER, PRESENTLY
POSTED AS PRINCIPAL,
GOVERNMENT GIRLS SENIOR
SECONDARY SCHOOL, RAMPUR,
TEHSIL RAMPUR, DISTRICT SHIMLA, H.P.
4. RATTAN CHAND,
S/O NOT KNOWN TO THE
PETITIONER, PRESENTLY
POSTED AS PRINCIPAL, GSSS DHAR,
GAURA, TEHSIL RAMPUR, DISTRICT SHIMLA, H.P.
.....RESPONDENTS
(SH. R.S. DOGRA, SENIOR ADDITIONAL ADVOCATE
GENERAL WITH SH. SHIV PAL MANHANS AND SH.
ASHWANI SHARMA, ADDITIONAL ADVOCATES GENERAL
FOR RESPONDENTS NO.1 & 2.
.
SH. PREM P. CHAUHAN, ADVOCATE, FOR RESPONDENT
NO.3.
SH. NAVLESH VERMA, ADVOCATE, FOR RESPONDENT
NO. 4.
________________________________________________________________
This petition coming on for admission this day,
Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the
following: r JUDGMENT
Aggrieved by the order of transfer, the petitioner has
filed the instant petition for grant of following relief:-
i) That appropriate writ order or direction may
very kindly be issued and the impugned
notification (Annexure P-2) 31st August, 2021
qua the private respondents may very kindly be
quashed and set aside and Annexure P-1 dated
07.08.2021 may very kindly be ordered to be
implemented qua the petitioner, in the interest
of law and justice."
2. This petition has been filed mainly on the ground
that the transfer impugned herein has been ordered solely on the
basis of the D.O. note. However, the record reveals that the
petitioner himself is a beneficiary of D.O. note.
3. The conduct of the petitioner, to say the least, is
deplorable. The people, who lose faith in the judiciary, are
required to be condemned and curbed with strong hands by one
and all, who are interested in the orderly society and have faith
in democracy. This is the basic creed of our Constitution.
.
4. There cannot be a second opinion that the
institution of judiciary took time immemorial to establish. Its
functionaries, working independently without favour and fear
within the parameters established by law, tradition, usages,
customs etc., have earned faith of the public for the institution of
being trusted.
5.
People's faith in independence of judiciary is of
paramount consideration not only in public interest, but also in
the interest of society. To protect the faith of the people in the
independence of the judiciary developed, established, accepted
by a consistent tradition from time immemorial, is the avowed
duty of every one of us, especially of Lawyers, Judges, Legislators
and the Executives.
6. Faith in judiciary are the facets of the judicial
administration to which they contributed substantially. It is
essential to maintain faith of common masses in the judiciary,
failing which it would lose its respect and esteem. Law is meant
to meet the ends of justice.
7. Having resorted to extra constitutional methods for
quashing of order of transfer, the Courts have no room for
litigants like the petitioner, who has no faith in the judiciary.
8. In view of aforesaid observations, we find no merit in
the instant petition and the same is accordingly dismissed, so
also the pending application(s), if any.
.
(Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
Judge
October 28, 2021
(R.Atal)
