Village Chowari vs Unknown
2021 Latest Caselaw 4345 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA




                                                        .

              ON THE 4th DAY OF SEPTEMBER, 2021

                             BEFORE





          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
                               &
              HON'BLE MR. JUSTICE SATYEN VAIDYA





                  CIVIL WRIT PETITION No.2377 of 2021

            Between:- r
            KUMARI ACHLA, WIFE OF
            VIJAY KANWAR, RESIDENT OF

            VILLAGE CHOWARI, TEHSIL
            CHOWARI, DISTRICT CHAMBA, HP.
                                                  ......PETITIONER


            (BY SH. ANUP RATTAN, ADVOCATE)

            AND




     1.     STATE OF HIMACHAL PRADESH, THROUGH
            SECRETARY (EDUCATION) TO THE GOVERNMENT





            OF HIMACHAL PRADESH, SHIMLA-2.

     2.     DIRECTOR ELEMENTARY EDUCATION,





            HIMACHAL PRADESH, SHIMLA.

     3.     DEPUTY DIRECTOR ELEMENTARY EDUCATION
            CHAMBA, DISTRICT CHAMBA, HP.

     4.     BLOCK ELEMENTARY EDUCATION OFFICER,
            CHOWARI, TEHSIL CHOWARI, DISTRICT
            CHAMBA,HP.

     5.     CENTRE HEAD TEACHER,
            CENTRE PRIMARY SCHOOL,
            RAIPUR, TEHSIL CHOWARI,




                                       ::: Downloaded on - 31/01/2022 23:00:39 :::CIS
                                    2




         DISTRICT CHAMBA, HP.

    6.   SHRI BIKRAM JARYAL, M.L.A.




                                                           .
         BHATIYAT CONSTITUENCY,





         TEHSIL BHATIYAT, DISTRICT CHAMBA, H.P.

                                                ......RESPONDENTS





         (SH.ASHOK SHARMA, ADVOCATE GENERAL
         WITH SH. RAJINDER DOGRA,
         SENIOR ADDITIONAL ADVOCATE GENERAL,
         SH. VINOD THAKUR, SH. SHIV PAL MANHANS,




         SH. HEMANSHU MISRA, ADDITIONAL
         ADVOCATE GENERALS AND
         SH. BHUPINDER THAKUR,
         DEPUTY ADVOCATE GENERAL,

         FOR RESPONDENTS 1 TO 5)

               This petition coming on for admission after

    notice this day, Hon'ble Mr. Justice Tarlok Singh



    Chauhan, passed the following:

                           ORDER

CMP No. 5357 of 2021.

Allowed as prayed for. The name of

applicant/petitioner is ordered to be corrected as Kumari

Achla instead of Achla Kumari. The application stands

disposed of.

CWP No. 2377 of 2021.

Records reveal that the transfer of the petitioner

has been effected on the basis of the D.O. Note without any

independent application of mind by the Administrative

Head. Such transfer is not sustainable in view of the long

.

line decisions of this Court.

2. Reference in this regard can conveniently be

made to a judgment rendered by this Court in CWP No.

801 of 2013 in case titled Sanjay Kumar vs. State of

H.P. and others, decided on 05.07.2013.

3. Accordingly, the writ petition is allowed and the

transfer order dated 01.04.2021 (Annexure P-3) is quashed

and set aside. The parties are left to bear their own costs.

Pending application, if any, also stands disposed of.

(Tarlok Singh Chauhan) Judge

(Satyen Vaidya)

Judge

4th September, 2021.

(krt)