As Lhc (Armourer Cadre) Police ... vs Unknown
2022 Latest Caselaw 5785 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, AT SHIMLA




                                                       .
                 ON THE 19TH DAY OF JULY, 2022.





                            BEFORE
           HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                               &
         HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA

                CIVIL WRIT PETITION No. 4412/2022





    BETWEEN:-

    SH. VIRENDER KUMAR
    S/O SH. NARAIN SINGH

    R/O VILL. KAMLA, P.O. GARNOTA, TEHSIL SIHUNTA,
    DISTT. CHAMBA, (H.P). PRESENTLY WORKING

    AS LHC (ARMOURER CADRE) POLICE LINE
    DHARAMSHALA, DISTT. KANGRA, (H.P)
    SINCE 04.02.2021, AGED ABOUT 30 YEARS.
                                    ......PETITIONER


    (BY MR. NARESH KAUL, ADVOCATE)

    AND




    1.     THE STATE OF HIMACHAL PRADESH
           THROUGH SECRETARY (HOME)





           GOVT. OF HIMACHAL PRADESH, SHIMLA-2.
    2.     THE DIRECTOR GENERAL OF POLICE,
           POLICE HEAD QUARTER AT SHIMLA,
           HIMACHAL PRADESH-171002.





    3.     THE POLICE ESTABLISHMENT COMMITTEE
           THROUGH ITS CHAIRMAN I.E.
           ADDITIONAL DIRECTOR GENERAL OF POLICE
           (FOR TRANSFERS/PROMOTION)
           POLICE HEAD QUARTER AT SHIMLA,
           HIMACHAL PRADESH-171002.
    4.     THE SUPERINTENDENT OF POLICE
           KANGRA AT DHARAMSHALA,
           DISTT. KANGRA, (H.P).
    5.     SH. VISHAL NEHRIA(MLA)




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                                      2




         S/O SH. RAJINDER PRASHAD
         R/O WARD NO. 17 MC DHARAMSHALA,
         P.O. SIDHPUR, TEHSIL DHARAMSHALA,




                                                            .
         DISTT. KANGRA, H.P.





    6.   SH. ASHISH DHIMAN (LHC)-623 (ARMOURER),
         S/O SH. (NOT KNOWN TO THE
         PETITIONER AT PRESENT)
         PRESENTLY WORKING AS LHC(ARMOURER)





         AT POLICE LINE CHAMBA, DISTT. CHAMBA, H.P.
                                    ......RESPONDENTS

    (MR. ASHOK SHARMA, A.G. WITH           MR. SHIV PAL
    MANHANS, MR. VINOD THAKUR, ADDL. A.GS., MR.





    BHUPINDER THAKUR & MR. YUDHVIR SINGH THAKUR,
    DY.A.GS. FOR R-1 TO R-4)
    (MR. NEERAJ THAKUR, ADVOCATE, VICE MR. KIRTI
    SINGH, ADVOCATE, FOR R-6)

    ____________________________________________________________

               This petition coming on for admission after notice
    this day, Hon'ble Mr. Justice Tarlok Singh Chauhan,
    passed the following:



               ORDER

Aggrieved by the order of the transfer, the

petitioner has filed the instant petition for grant of the

following substantive reliefs:

a) That a writ in the nature of certiorari may kindly be issued and the impugned order and corrigendum dated 29/30.06.2022 (Annexure P-4 & P-5) may be quashed as set aside, whereby the petitioner who joined on 04.02.2021 as LHC (Armourer) and worked for about 01 year 05 months time has been ordered to be transferred from District Kangra to District Chamba on the false mutual consent submitted by the respondent

No. 5 at the behest of respondent No. 6, in the interest of law, equity and justice.

b) That the action of the respondents to allow the

.

private respondent No. 6 to change his District from 'Chamba' to 'Kangra' on false mutual request may be held illegal and arbitrary, when the respondent no. 6 is

working with HP Police (Armorer cadre) and is permanent resident of village Chhachaiyan, Tehsil Palampur, Distt. Kangra (H.P), where his father and

uncles have gun shop since years, in the interest of law and justice.

c) That the petitioner may be allowed to complete his normal tenure at Police line Dharamshala, Distt.

Kangra, where he joined in compliance to Annexure P-2

dated 04.02.2021, when his wife is under treatment at Govt. Hospital Shahpur and remained admitted w.e.f. 8.06.2022 to 16.06.2020 (Annexure P-3).

2. Perusal of the record that was produced by the

official-respondents, pursuant to the direction to this effect,

goes to reveal that the order of transfer has been passed

solely on the basis of the recommendations made by the local

MLA, who has not only recommended the transfer of the

petitioner, but also of five other employees, who are serving

in various departments under the State.

3 This obviously was not within the domain of the

local MLA as matters of transfer have to be dealt with strictly

by the administrative authority where the political executive

has no role to play.

.

4 Reference in this regard can conveniently be made

to the judgments passed by this Court in CWP No.

2862/2021, titled as Vipender Kalta vs. State of H.P. &

ors., CWP No. 2621/2020, titled as Lekh Raj vs. State of

H.P. & ors., CWP No. 5751/2021, titled as Promila vs.

r to State of H.P. & ors. & CWP No. 1387/2021, titled as

Praveen Kumar vs. State of H.P. & ors.

It was altogether a different matter in case there

were certain complaints against the petitioner or his working

which could have been brought to the notice of the

administrative authority. This is not the fact situation

obtaining in the instant case. Therefore, the impugned order

of transfer cannot sustain in the eyes of law.

6 In the given circumstances, this Court has left

with no other option, but to quash and set aside the

impugned order of transfer. Ordered accordingly.

7 The instant petition is allowed in the aforesaid

terms, so also the pending application(s), if any.

8 Before parting, it needs to be noticed that the

State probably is not taking the order(s) of this Court

seriously or else, this Court would not still be flooded with

litigation pertaining to transfers, that too, which on the face

.

are in contravention to the order(s) passed by this Court from

time to time, (some of which have been quoted hereinabove).

9 Therefore, a copy of this order be sent to the Chief

Secretary to the Government of Himachal Pradesh for further

action in the matter so as to ensure that the transfers are not

effected in contravention to the order(s) of this Court or else

this Court shall be constrained to take a serious view of the

matter.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge

19th July 2022.

(Pankaj)