Himachal Pradesh High Court
Churag vs State Of H.P. Through Its on 3 January, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 3rd DAY OF JANUARY, 2022
.
BEFORE
THE HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE
THE HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA, JUDGE
CIVIL WRIT PETITION NO. 7532 OF 2021
Between
SH. HIRA MANI S/O SH. NARSINGU RAM
R/O VILLAGE DHANERA, PO BALINDI,
TEHSIL KARSOG, DISTRICT MANDI, HP,
PRESENTLY WORKING AS SENIOR
ASSISTANT AT HP PWD, SUB DIVISION
CHURAG, DISTRICT MANDI, HP.
....PETITIONER
(BY MR. C.N. SINGH, ADVOCATE)
AND
1. STATE OF H.P. THROUGH ITS
SECRETARY (PWD) TO THE GOVT. OF
HIMACHAL PRADESH, SHIMLA.
2. THE ENGINEER-IN-CHIEF, HP PWD,
SHILA, DISTRICT SHIMLA, H.P.
3. THE SUPERINTENDING ENGINEER, HP
PWD, 1ST CIRCLE, MANDI, DISTRICT
MANDI,H.P.
4. THE EXECUTIVE ENGINEER, HP PWD,
DIVISION KARSOG, DISTRICT MANDI, HP.
5. SH. HIRA LAL, MEMBER OF
LEGISLATIVE ASSEMBLY, (MLA),
KARSOG, DISTRICT MANDI, HP.
6. SH. NET RAM S/O NOT KNOWN TO THE
PETITIONER, PRESENTLY WORKING AS
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SR. ASSISTANT AT HP PWD, DIVISION
KARSOG, DISTRICT MANDI, HP.
.
7. SH. HET RAM S/O NOT KNOWN TO THE
PETITIONER,PRESENTLY WORKING AS
SR. ASSISTANT AT HP PWD, DIVISION
KARSOG, DISTRICT MANDI, H.P.
....RESPONDENTS
(BY SH. ASHOK SHARMA, ADVOCATE
GENERAL WITH MR. VINOD THAKUR,
ADDITIONAL ADVOCATE GENERAL)
_________________________________________________
This civil writ petition coming on for orders this day,
Hon'ble Mr. Justice Tarlok Singh Chauhan, delivered the following:
JUDGMENT
Aggrieved by the order of transfer, the instant petition has been
filed for the grant of following substantive reliefs: -
"(i) Issue writ of Certiorari, Mandamus or other
appropriate writ order or direction as this Hon'ble
Court deems fit, quashing the impugned office order
dated 27.11.2021 (Annexure P-3), for all intents and
purposes.
(ii) Issue writ of Certiorari, Mandamus or other
appropriate writ order or direction by directing the
respondents department to allow the petitioner to serve
at HPPWD, Sub Division Churag, District Mandi,
Himachal Pradesh.
Or in the alternative the longer stay incumbent as
mentioned in para 12 of the petition be ordered to be
transferred prior to the petitioner or in routine in case
the respondents department intend to transfer on
administrative, public interest the petitioner can be
transferred to anywhere.
2. A perusal of the record would go to show that apart from
the petitioner, who was transferred pursuant to recommendation made
.
by the local MLA as many as 10 to 12 transfers have also been
effected directly or indirectly on the basis of such recommendations.
It appears that the transfer of the petitioner was effected on the basis
of recommendation made by local MLA, however, there is no
independent application of mind by the administrative authority with
regard to the necessity of effecting the transfer of the petitioner and
the same has been accorded on the basis of the recommendation
having been approved by local MLA, as mentioned above. However,
in the absence of taking any independent application of mind by the
administrative authorities, the transfer of the petitioner cannot sustain,
as has been held by this Court in various judgments. Therefore, the
impugned order is quashed and set aside, leaving the parties to bear
their own costs. Pending miscellaneous applications, if any, also
stand disposed of.
(Tarlok Singh Chauhan)
Judge
(Chander Bhusan Barowalia)
Judge
3rd January, 2022.
(Guleria)
