Kamleshwar So Sh. Dina Nath vs Unknown
2022 Latest Caselaw 50 HP

     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. 8177 OF 2021
    Between





    KAMLESHWAR SO SH. DINA NATH R/O
    VILL. DHANDRASHI, PO KALAHOD, TEHSIL
    SUNDERNAGAR, DISTRICT MANDI, HP
    PRESENTLY   POSTED    AS   DM   GHS
    KALAHOD, DISTRICT MANDI, H.P.


                                                               ....PETITIONER
    (BY MR. SURINDER SAKLANI, ADVOCATE)

    AND



    1. STATE OF HIMACHAL PRADESH
    THROUGH SECRETARY (EDUCATION) TO
    THE GOVT. OF HP, SHIMLA




    2. DIRECTOR ELEMENTARY EDUCATION,





    HIMACHAL PRADESH, SHIMLA, HP.

    3. DEPUTY DIRECTOR ELEMENTARY





    EDUCATION MANDI, 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:




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                                    JUDGMENT

.

Aggrieved by the order of transfer, the instant petition has

been filed for the grant of following substantive relief: -

"(i) That a writ in the nature of certiorari may very kindly be issued

thereby quashing impugned transfer order dated 14.12.2021 (Annexure P-1).

(ii) That a writ in the nature of mandamus may very kindly be issued thereby directing the respondents to allow the petitioner to continue

serving as DM at GHS Kalahod, District Mandi, H.P."

2. A perusal of the record would go to show that the transfer of

the petitioner has been effected solely on the basis of recommendations

made by a person having nothing to do with the administrative authority or

employer. Still, there is no independent application of mind by the

administrative authority, however, in such circumstances, the impugned

order cannot sustain in view of the judgment rendered by this Court in

CWP No. 2862/2021 Vipender Kalta Vs. State of H.P. and others dated

20.7.2021.

3. Consequently, the instant petition is allowed and impugned

order dated 14.12.2021 (Annexure P-1) is quashed and set side. Pending

miscellaneous applications, if any, also stand disposed of.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge

3rd January, 2022.

(Guleria)