Nath vs Unknown
2022 Latest Caselaw 8501 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA




                                                         .

              ON THE 14th DAY OF OCTOBER, 2022.

                            BEFORE





          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

                               &

             HON'BLE MR. JUSTICE VIRENDER SINGH



          Between:-
                    r       to
                CIVIL WRIT PETITION NO. 6430 OF 2022.



          BIMLESH KUMARI WIFE OF SH. THAKUR

          NATH, WORKING AS PGT (POL. SCIENCE)
          IN GSSS PANGI, DISTT. KINNAUR, H.P.

                                   .....PETITIONER.



          (BY SH. KUL      BHUSHAN       KHAJURIA,
          ADVOCATE)




          AND





     1.   THE STATE     OF H.P., THROUGH
          SECRETARY (EDUCATION) GOVT. OF H.P.,





          SHIMLA-2.

     2.   DIRECTOR, DEPARTMENT OF HIGHER
          EDUCATION, HIMACHAL PRADESH, H.P.

     3.   LOBZONGH CHHERING, LECT. POL.
          SCIENCE, GSSS BURUA, DISTT. KINNAUR.

     4.   SH. SURAT NEGI, PARENTAGE   NOT
          KNOWN   TO THE PETITIONER, VICE
          CHAIRMAN HP STATE      FOREST
          DEVELOPMENT CORPORATION LIMITED




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                                        2




          VAN NIGAM BHAWAN, SDA COMPLEX,
          BLOCK NO.1, KASUMPATI, SHIMLA-9.




                                                                 .
                                               ......RESPONDENTS.





          (SH. ASHOK SHARMA, ADVOCATE
          GENERAL         WITH SH. RAJINDER





          DOGRA, SENIOR         ADDITIONAL
          ADVOCATE GENERAL, SH.            SHIV PAL
          MANHANS,        ADDITIONAL ADVOCATE
          GENERAL, SH. BHUPINDER           THAKUR,
          DEPUTY ADVOCATE            GENERAL




          AND SH. RAJAT CHAUHAN, LAW
          OFFICER, FOR RESPONDENTS-1 TO 3)
    ________________________________________________________________
                This petition coming on for admission after notice

    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 grant of the following

substantive relief:-

"That in view of the submissions made in the writ petition, the writ petition may kindly be allowed and the impugned transfer order dated 9.9.2022

(Annexure P-3) may kindly be quashed and set aside, in the interest of justice and fair play."

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

respondents pursuant to the directions to this effect goes to

reveal that the order of transfer has been passed solely

on the basis of the recommendations made by an extra-

constitutional authority.

.

3. Obviously, in such circumstances, the order of

transfer cannot sustain, more particularly, for the reasons

as set out by this Court in an earlier judgment rendered in

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 09.09.2022

(Annexure P-3) is quashed and set aside, leaving the parties

to bear their own cost.

5. Pending application, if any, also stands disposed

of.

(Tarlok Singh Chauhan)

Judge

(Virender Singh) Judge 14th October, 2022.

(krt)