Government Degree College vs Unknown
2021 Latest Caselaw 4578 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA




                                                        .

             ON THE 16th DAY OF SEPTEMBER, 2021

                             BEFORE





          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

                                &





              HON'BLE MR. JUSTICE SATYEN VAIDYA

                  CIVIL WRIT PETITION No.100 of 2021

            Between:-

            SHASHI SHARMA, AGED ABOUT
            41 YEARS, D/O SH. SHAM LAL SHARMA,
            R/O VILLAGE DHAUGHI, POST OFFICE
            SAINJ, SUB-TEHSIL SAINJ, DISTRICT


            KULLU, H.P., PIN CODE 175134,
            PRESENTLY WORKING AS ASSISTANT
            PROFESSOR (ECONOMICS) AT




            GOVERNMENT DEGREE COLLEGE,
            SAINJ, DISTRICT KULLU, H.P.       ......PETITIONER





            (BY SH. NARESH K.SHARMA, ADVOCATE)

            AND





     1.     STATE OF HIMACHAL PRADESH THROUGH
            ITS SECRETARY (EDUCATION), TO THE
            GOVERNMENT OF HIMACHAL PRADESH,
            SHIMLA-171002.

     2.     DIRECTOR, HIGHER EDUCATION,
            HIMACHAL PRADESH, LALPANI,
            SHIMLA-171001.

     3.     SANJEET SINGH, ASSISTANT PROFESSOR
            (ECONOMICS), PARENTAGE NOT KNOWN




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         TO THE PETITIONER, PRESENTLY WORKING
         AT GOVERNMENT COLLEGE MANDI,
         DISTRICT MANDI, H.P.          ......RESPONDENTS




                                                          .

         (SH. ASHOK SHARMA,
         ADVOCATE GENERAL WITH





         SH. RAJINDER DOGRA, SENIOR
         ADDITIONAL ADVOCATE GENERAL,
         SH. SHIV PAL MANHANS AND
         SH. HEMANSHU MISRA, ADDITIONAL
         ADVOCATE GENERALS, FOR




         RESPONDENTS-1 AND 2)

         (SH. V.B. VERMA, ADVOCATE,
         FOR RESPONDENT-3)



               This petition coming on for admission after
    notice this day, Hon'ble Mr. Justice Tarlok Singh



    Chauhan, passed the following:
                        ORDER

Records reveal that the transfer of the petitioner

has been ordered to be effected solely on the basis of the

D.O./U.O. Note without there being any independent

application of mind by the Administrative Authority. In such

circumstances, the transfer is not sustainable in view of the

long-line decisions rendered by this Court from time to time.

2. Reference in this regard can conveniently be

made to a judgment passed by the learned Division Bench

of 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

impugned notification dated 17.12.2020 (Annexure P-4), is

quashed. The parties are left to bear their own costs.

Pending application, if any, also stands disposed of.

                     r        to      (Tarlok Singh Chauhan)
                                                Judge


                                          (Satyen Vaidya)

                                               Judge
     16th September, 2021.
     (krt)