Jai Singh vs State Of H. P. & Ors
2022 Latest Caselaw 9386 HP

            IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                                  CWP No. 7336 of 2022




                                                                                 .
                                                  Decided on: 16.11.2022





    Jai Singh                                                               ...Petitioner





                                         Versus

    State of H. P. & Ors.                                                   ...Respondents

    Coram:





    Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
    Hon'ble Mr. Justice Virender Singh, Judge.
    Whether approved for reporting? 1 No.

    For the Petitioner :                   Mr. Raj Kumar Negi, Advocate.

    For the Respondents :Mr. Ashok Sharma, A.G. with Mr. Vinod
                       Thakur, Mr. Shiv Pal Manhans, Addl. A.Gs.
                       and Mr. Bhupinder Thakur, Dy. A.G.


    Tarlok Singh Chauhan, Judge (Oral)

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 thereby quashing and setting aside

the impugned transfer order dated 13.10.2022 (Annexure P-

2) issued by respondent No. 2.

ii) Issue a writ of mandamus directing the respondents not to implement the transfer order dated 13.10.2022.

iii) Issue a writ of mandamus directing the respondents authorities either to allow the petitioner to serve at present place of posting i.e. Govt. Sr. Sec. School Lagauti, Tehsil Anni, District Kullu or to post him nearby his native place

Whether reporters of the local papers may be allowed to see the judgment? yes

because the petitioner has about 1 year and 5 months for his superannuation.

.

2. The perusal of the record produced by the

respondents pursuant to the direction issued to this effect goes

to indicate that the transfer of the petitioner has been effected

on the recommendations of an extra constitutional authority.

3. In such circumstances, the order of transfer cannot

sustain in view of the repeated judgments of this Court, more

particularly, the judgments rendered in CWP No. 2621 of 2020,

titled as Lekh Raj vs. State of H.P. & ors. and CWP No. 2861

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

4. Accordingly, the petition is allowed and the

impugned transfer order qua the petitioner is quashed and set

aside. Pending applications, if any, also stands disposed of.

Parties are left to bear their own costs.

                                                        (Tarlok Singh Chauhan)





                                                                  Judge



                                                             (Virender Singh)
    16   th
              November, 2022                                      Judge
              (sanjeev)