Giachho vs Unknown
2022 Latest Caselaw 8502 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. 6424 OF 2022.



          THAKUR NATH SINGH SON OF RICKPA

          GIACHHO, AGED ABOUT     45 YEARS,
          RESIDENT OF   VILLAGE AND POST
          OFFICE GIABONG, TEHSIL POOH, 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.   GIAN VIDYA PRESENTLY WORKING DPE,
          GSSS SAPNI,    UNDER    ORDERS OF
          TRANSFER    TO GSSS PANGI, TEHSIL
          SANGLA, DISTT. KINNAUR, HP.




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                                        2




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




                                                                 .
          DEVELOPMENT CORPORATION LIMITED





          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)