Citation : 2023 Latest Caselaw 5475 HP
Judgement Date : 10 May, 2023
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.2663 of 2023
.
Decided on: 10.05.2023
__________________________________________________
Kamlesh Thakur
.....Petitioner
Versus
State of HP
...Respondent
___________________________________________________
Coram
The Hon'ble Mr. Justice Vivek Singh Takur, Judge
The Hon'ble Mr. Justice Sushil Kukreja, Judge
1
Whether approved for reporting?
__________________________________________________
For the petitioner: Mr. Ajeet Singh Saklani, Advocate.
For the respondent: Mr. Varun Chandel, Additional
Advocate General.
Vivek Singh Thakur, Judge (Oral)
Petitioner has approached this Court on the ground
that representation submitted by him for transferring him on
health ground and adverse family circumstances, has not been
considered by the respondent till date.
2. At this stage, learned counsel for the petitioner
submits that petitioner shall be satisfied in case he is permitted
Whether reporters of Local Papers may be allowed to see the judgment?
to file a fresh representation to the respondent, within three
days and the respondent is directed to decide the same in a
.
time bound manner.
3. Learned Additional Advocate General submits that
in case fresh representation is preferred by the petitioner, the
same shall be decided by the said authority, in accordance with
law.
4. In the aforesaid circumstances, petitioner is
permitted and directed to submit a fresh detailed representation
for redresal of his grievances, i.e. for transfer, within three days
from today, to respondent and in case, such representation is
preferred, the same shall be decided by respondent on or
before 31.05.2023, by passing an appropriate speaking and
reasoned order in accordance with Rules, Policy and law as
applicable.
5. Needless to say that order shall be passed after
giving the personal hearing to petitioner, if desired so. Till the
decision of representation, so filed by petitioner, post lying
vacant or likely to fall vacant, as mentioned in the
representation, shall not be filled, if not already filled as on
date.
6. Petition stands disposed of, alongwith the pending
.
miscellaneous application(s), if any.
7. Petitioner may produce the downloaded copy of the
order passed by the Court before the Authorities concerned, if
required, and the concerned Authority shall not insist for the
certified copy of order, rather passing of order can be verified
from the web-page of this Court.
( Vivek Singh Thakur )
Judge
( Sushil Kukreja )
May 10, 2023 Judge
(VH)
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