Between:­ vs Unknown
2022 Latest Caselaw 3487 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
              ON THE 17th DAY OF MAY, 2022
                         BEFORE
          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN




                                                       .
                           &





     HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
                CIVIL WRIT PETITION NO. 2516 OF 2022





    Between:­


    CHANCHLA DEVI, W/O SH. ANIL
    KUMAR, AGED ABOUT 50 YEARS,
    R/O HOUSE NO. 25, HOUSING





    BOARD COLONY NURPUR, TEHSIL
    NURPUR,  DISTRICT  KANGRA,
    176202.
                                             ......PETITIONER


    (BY MR. DINESH K. THAKUR AND
    MR. AJAY SHANDIL, ADVOCATES)

    AND



    1. THE STATE OF HIMACHAL
    PRADESH THROUGH PRINCIPAL
    SECRETARY (EDUCATION) TO THE




    GOVERNMENT    OF   HIMACHAL
    PRADESH SHIMLA, 171002.





    2. DIRECTORATE OF EDUCATION
    THROUGH DIRECTOR HIGHER
    EDUCATION, SHIMLA 171002.





    3. DEPUTY DIRECTOR, HIGHER
    EDUCATION,     KANGARA      AT
    DHARAMSHALA.
    4.   AJAY    KUMAR    SHARMA,
    PRESENTLY      WORKING      AS
    PRINCIPAL IN GSSS CHHATTAR,
    TEHSIL     REHAN,     DISTRICT
    KANGRA, H.P.
    5. INDERPAL SINGH, PRESENTLY
    AS PRINCIPAL GSSS RAJA­KA­
    TALAB,    TEHSIL    FATEHPUR,
    DISTRICT KANGRA, H.P.




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                                    2


    6.     RAKESH        PATHANIA,
    PRESENTLY     MINISTER      OF
    FOREST,     SPORTS       YOUTH
    AFFAIRS, SHIMLA, 171001.




                                                           .
                                         .....RESPONDENTS





    (BY  MR.    ASHOK   SHARMA,
    ADVOCATE GENERAL WITH MR.





    RAJINDER    DOGRA,    SENIOR
    ADDITIONAL         ADVOCATE
    GENERAL,    MR.   SHIV   PAL
    MANHANS,          ADDITIONAL
    ADVOCATES     GENERAL,   MR.





    BHUPINDER THAKUR AND MR.
    YUDHVIR    THAKUR,   DEPUTY
    ADVOCATES GENERAL AND MR.
    RAJAT CHAUHAN, LAW OFFICER,

    FOR R­1 TO R­3)

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



                                 ORDER

Even though respondents No. 4 and 5 have been

served, however, there is no appearance on their behalf.

2. Aggrieved by the order of transfer, the petitioner has

filed the instant petition for the grant of following substantive

relief:

"That transfer order dated 16.04.2022 (Annexure P/3) may kindly be quashed and set aside in the interest of justice and fair play."

3. Records produced by the official respondents would

go to reveal that the petitioner has been ordered to be

transferred solely on the basis of DO Note, issued by 6 th

respondent, without there being any independent application of

mind by the administrative authority. Obviously, in such

circumstances impugned order of transfer cannot sustain, more

.

particularly, in light of the judgment rendered by this Court in

CWP No. 2862 of 2021 titled Vipender Kalta vs. State of

H.P. and others, decided on 20.07.2021.

4. Accordingly, we find merit in the instant petition

and the same is allowed, impugned order of transfer, dated

16.04.2022 (Annexure P­3), qua the petitioner, is quashed and

set aside.

5. The petition is accordingly disposed of, leaving the

parties to bear their own costs.

Pending application(s), if any, also stand disposed

of.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge

17th May, 2022 (raman)