Rattan Chand vs State Of H.P. And Others
2022 Latest Caselaw 9540 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                          CWP No.7155 of 2022.




                                                                        .

                                          Date of decision:            18.11.2022.


    Rattan Chand                                               .....Petitioner.





                                   Versus


    State of H.P. and others                                 .....Respondents.





    Coram
    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.

    The Hon'ble Mr. Justice Virender Singh, Judge.

    Whether approved for reporting?1
    For the Petitioner            :        Mr. Umesh Kanwar, Advocate.


    For the Respondents:                   Mr. Ashok Sharma, Advocate
                                           General with    Mr. Rajinder
                                           Dogra,   Senior   Additional
                                           Advocate General, Mr. Vinod




                                           Thakur,   Mr.    Shiv    Pal
                                           Manhans,          Additional





                                           Advocate Generals and Mr.
                                           Bhupinder Thakur, Deputy
                                           Advocate     General,    for





                                           respondent Nos.1 and 2.


    Tarlok Singh Chauhan, Judge (Oral)

The instant petition has been filed for grant of

the following substantive relief:-

"That the impugned transfer order dated 27.9.2022, Annexure P-2, may be quashed and

Whether the reporters of the local papers may be allowed to see the Judgment?Yes

set aside, as the same is in violation to Clause 12 of the "Comprehensive Guiding Principles-

.

2013" for regulating the transfer of State

Government employees."

2. A perusal of the records produced by the official-

respondents pursuant to the directions passed by this Court

would go to reveal that the order of transfer has been

passed solely on the basis of the recommendations that too

made by an extra constitutional authority without there

being any independent application of mind by the

administrative department.

3. Obviously, in such circumstances, the order of

transfer cannot sustain, more particularly, for the reasons

recorded by this Court while deciding CWP No. 2862 of

2021 titled Vipender Kalta vs. State of H.P. and

others, decided on 20.07.2021.

4. Accordingly, the instant petition is allowed and

the impugned order of transfer dated 27.09.2022

(Annexure P-2) is quashed and set aside.

5. Pending application, if any, also stands disposed

of.

6. Since, the petitioner is nearing completion of his

normal tenure of service at the given station, therefore, we

.

make it absolutely clear that in case the official-respondents

decide to effect the transfer of the petitioner, this order

shall not come in their way, provided the transfer is made

strictly in accordance with the Comprehensive Guiding

Principles-2013 and the instructions issued by the State

Government from time to time on the subject.

(Tarlok Singh Chauhan) Judge

(Virender Singh) Judge

18th November, 2022.

(krt)