District Chamba vs Unknown
2022 Latest Caselaw 3673 HP

       IN THE HIGH COURT OF HIMACHAL PRADESH AT

                           SHIMLA

             ON THE 23rd DAY OF MAY, 2022




                                                       .
                        BEFORE





      HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
                           &
    HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA





       CIVIL WRIT PETITION No. 7750 of 2021
    Between:-
    CHHAMBO WD/O SH. SANT RAM R/O
    VILLAGE DAND PO KILAR TEHSIL SALOONI





    DISTRICT  CHAMBA,    H.P.   PRESENTLY
    WORKING AS PEON AT GOVERNMENT HIGH
    SCHOOL DAND TEHSIL SALOONI, DISTRICT
    CHAMBA, H.P. AGED 54 YEARS.
                r                         ......PETITIONER

    (BY  MR.    ARUN     KAUSHAL,
    ADVOCATE)


    AND

    1.  STATE  OF   HIMACHAL
    PRADESH         THROUGH




    SECRETARY (EDUCATION) TO
    THE GOVT. OF H.P. SHIMLA





    171002.

    2.    DIRECTOR       HIGHER
    EDUCATION, H.P. SHIMLA.





    3. DY. DIRECTOR HIGHER
    EDUCATION,         CHAMBA,
    DISTRICT CHAMBA, H.P.

    4. PRINCIPAL  GSSS  DAND
    TEHSIL  SALOONI  DISTRICT
    CHAMBA, H.P.

    5. DARSHAN DUTT S/O SHRI
    SUBARAN R/O VILLAGE KILOD
    TEHSIL  SALOONI  DISTRICT




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                                      -2-



    CHAMBA,   H.P.  PRESENTLY
    WORKING    AS   PEON   AT
    GOVERNMENT HIGH SCHOOL,
    U/C/GSSS DHULLARA TEHSIL
    SALOONI DISTRICT CHAMBA,




                                                                             .
    H.P.





    6. SH. D S THAKUR, MARKET
    COMMITTEE        CHAIRMAN





    CHAMBA             SALOONI
    CONSTITUENCY,       TEHSIL
    SALOONI, DISTRICT CHAMBA,
    H.P.





                                                          ......RESPONDENTS

    (BY  MR.   ASHOK   SHARMA
    ADVOCATE GENERAL WITH
    MR. RAJINDER DOGRA SENIOR
    ADDITIONAL

                     ADVOCATE

    GENERAL, MR. VINOD THAKUR
    AND MR. SHIV PAL MANHANS,
    ADDITIONAL      ADVOCATES
    GENERAL, MR. BHUPINDER
    THAKUR DEPUTY ADVOCATES


    GENERAL)

    1    WHETHER APPROVED FOR REPORTING?
                   This petition coming on for orders this day, Hon'ble Mr.




    Justice Tarlok Singh Chauhan, passed the following :-





                                         ORDER

Aggrieved by the order of transfer, the

petitioner has filed the instant petition for the grant of

following substantive relief:-

Whether reporters of Local Papers may be allowed to see the judgment?

"That transfer orders dated 03.12.2021 (Annexure P-1) may kindly be quashed and set aside in the interest of justice and fair play."

.

2. A perusal of the record goes to indicate that

the petitioner has been transferred solely on the basis of

DO Note No. 343291 dated 23.11.2021 that too issued by a

person, who has nothing to do with the working of the

administrative department of the petitioner. In such

circumstances, obviously, such 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. & Ors.", decided on

20.07.2021.

3. Accordingly, the present petition is allowed and

the impugned order of transfer dated 03.12.2021

(Annexure P-1) is quashed and set aside. Pending

application(s), if any, also stands disposed of.

(Tarlok Singh Chauhan) Judge

(Chander Bhusan Barowalia) Judge

23rd May, 2022 (himani)