Ghumarwin vs Unknown
2022 Latest Caselaw 8925 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

ON THE 1st DAY OF NOVEMBER, 2022

.

BEFORE

HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

&

HON'BLE MR. JUSTICE VIRENDER SINGH

CIVIL WRIT PETITION NO. 7295 OF 2022

Between:-

r to SUBHA KUMARI WIFE OF RAM PAL, RESIDENT OF VILLAGE AND POST OFFICE AMARPUR, TEHSIL

GHUMARWIN, DISTRICT BILASPUR, H.P. PRESENTLY WORKING AS JBT AT GPCS JEJWIN EDUCATION JHANDUTTA,

DISTRICT BILASPUR, H.P ...PETITIONER

(BY SH. HEMANT KUMAR

THAKUR, ADVOCATE).

     AND





1.   STATE OF HP THROUGH ITS
     PRINCIPAL        SECRETARY





     (EDUCATION)     TO      THE
     GOVERNMENT OF HIMACHAL
     PRADESH.

2. THE DIRECTOR OF ELEMENTARY EDUCATION, HIMACHAL PRADESH, SHIMLA-1, H.P

3. THE DEPUTY DIRECTOR OF ELEMENTARY EDUCATION BILASPURDISTRICT BILASPUR, H.P.

4. SATPAL PARENTAGE NOT KNOWN TO THE PETITIONER, PRESENTLY WORKING AS JBT

GOVERNMENT PRIMARY SCHOOL BAITHRIN, EDUCATION BLOCK JHANDUTTA, DISTRICT

.

BILASPUR, H.P.

....RESPONDENTS (BY SH. ASHOK SHARMA, A.G. WITH SH. SHIV PAL MANHANS,

ADDL. A.G., SH. BHUPINDER THAKUR, DY. A.G. AND SH.

RAJAT CHAUHAN, LAW OFFICER, FOR RESPONDENTS-STATE)

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

r ORDER

Aggrieved by the order of transfer, the petitioner has

filed the instant petition for grant of the following substantive

reliefs:-

i) Issue a writ of certiorari to quash Annexure P-1 i.e. impugned transfer order dated 13.10.2022.

ii) Issue a writ of mandamus directing the respondent

authorities to allow the petitioner to continue at GPCS Jejwin Education Jhandutta, District Bilaspur,

H.P. in the interest of justice and fair play.

2. Records produced by the respondents pursuant to

the directions passed by this Court would go to reveal that the

local M.L.A. had given a long list of employees who were sought

to be dislodged/transferred including the petitioner and it is on

the basis of such recommendation that the petitioner has been

transferred, that too, without there being any independent

application of mind by the administrative authority.

3. Clearly, the local MLA has usurped the power and

.

authority of the administrative authority, therefore, the order of

transfer is not sustainable in the eyes of law, more particularly in

light of the judgment rendered by this Court in CWP No. 2621

of 2020, titled as Lekh Raj vs. State of H.P., decided on

17.08.2020.

4.

Consequently, we find merit in this petition and the

same is accordingly allowed. The impugned transfer order dated

13.10.2022 qua the petitioner is ordered to be quashed and set

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

                                              (Tarlok Singh Chauhan)
                                                        Judge




                                                  (Virender Singh)





    1st November, 2022                                 Judge
         (sanjeev)