Rajgarh Sirmour vs State Of H.P
2021 Latest Caselaw 4360 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                ON THE 6th DAY OF SEPTEMBER 2021
                                BEFORE
          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN




                                                               .
                                     &





                HON'BLE MR. JUSTICE SATYEN VAIDYA
                CIVIL WRIT PETITION No. 4895 of 2021





       Between:-
       VEDPRAKASH
       S/o SH. RAM GOPAL SHARMA,
       R/o VILLAGE DUDHAN, P.O. SUNAURA




       RAJGARH SIRMOUR.
                                                           ......PETITIONER
       (BY SH. NEERAJ          SHARMA             &     HEMANT THAKUR,
       ADVOCATES)
       AND


    1. STATE OF HIMACHAL PRADESH,
       THROUGH ITS PRINCIPAL SECRETARY
       (EDUCATION) TO THE GOVERNMENT
       OF HIMACHAL PRADESH, H.P.



       SECRETARIAT, SHIMLA -2.
    2. THE DIRECTOR ELEMENATRY EDUCATION




       HIMACHAL PRADESH,
       SHIMLA H.P.





    3. THE DY. DIRECTOR OF ELEMENTARY                               EDUCATION,
       SIRMOUR, DISTRICT SIRMOUR H.P.





                                                        ......RESPONDENTS

    (SH. ASHOK SHARMA, A.G. SH. RAJINDER DOGRA, SR. ADDL.
    A.G., SH. VINOD THAKUR, MR. SHIV PAL MANHANS, SH.
    HEMANSHU MISRA, ADDL. A.GS. AND MR. BHUPINDER
    THAKUR, DY. A.G., FOR THE RESPONDENTS..)
         This    petition   coming       on       for     orders        this      day,
    Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the following:




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                                   ORDER

Record reveals that the impugned order of transfer has

been dittoed only on the basis of recommendations from the

.

Member of Parliament, without there being any independent

application of mind by the administrative department.

2. Once that be so, then in view of the long line of

decision, especially in terms of the judgment rendered by this Court

in CWP No.801 of 2013, titled as Sanjay Kumar vs. State of H.P.

3.

r to and others, decided on 05.07.2013, the impugned transfer order is

not sustainable in the eyes of law.

Accordingly, the instant petition is allowed and the

impugned order of transfer dated 04.08.2021 (Annexure P-2) qua

the petitioner is quashed and set aside. Since the petitioner has

completed his normal tenure at the given station, therefore, we make

it absolutely clear that this order shall not come in the way of the

official respondents for considering the case of the petitioner for

transfer afresh. Pending application(s) if any, also stands disposed

of.

(Tarlok Singh Chauhan) Judge

(Satyen Vaidya) Judge September 06, 2021 (tarun)