Surinder Kumar vs Himachal Road Transport ...
2023 Latest Caselaw 15155 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.7205 of 2023 Date of Decision: 03.10.2023

.

_______________________________________________________

Surinder Kumar .......Petitioner Versus

Himachal Road Transport Corporation & Anr. ... Respondents

_______________________________________________________ Coram:

Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1

For the Petitioner: Mr. Rakesh Kumar Dogra, Advocate. For the Respondents: Mr. Raman Jamalta, Advocate. ____________________________________________________________ Sandeep Sharma, Judge(oral):

Though, by way of instant petition, petitioner has laid

challenge to impugned transfer order dated 26.09.2023

(Annexure P-2), whereby petitioner, who is working as Junior

Assistant, has been transferred from Sundernagar, District Mandi,

H.P., to Reckong Peo, District Kinnaur, H.P., but learned counsel

representing the petitioner states that the petitioner would be content

and satisfied in case he is permitted to make representation to the

respondents, praying therein for cancellation of his transfer order on

account of his disability.

2. While putting appearance on behalf of the respondents,

Mr. Raman Jamalta, learned counsel states that he is not averse to

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

aforesaid innocuous prayer made on behalf of the petitioner and the

representation, if any, shall be decided, strictly in terms of transfer

policy.

.

3. Consequently, in view of the above, the present petition

is disposed of, reserving liberty to the petitioner to file representation

within a period of one week, praying therein to cancel his transfer

order or adjust him at suitable place on medical ground, which in turn,

shall be decided by the Managing Director, Himachal Road Transport

Corporation, within a period of two weeks in terms of the transfer

policy, wherein admittedly provision has been made to accommodate

the person suffering from disability. Needless to say, authority

concerned while doing the needful in terms of instant order shall

afford an opportunity of being heard to the petitioner and pass

detailed speaking order thereupon expeditiously, preferably within of

two weeks. Till the time, representation, if any, is not decided by the

competent authority, execution/operation of impugned transfer order

dated 26.09.2023 (Annexure P2) shall remain stayed qua the

petitioner. Pending application(s), if any, also stands disposed of.

(Sandeep Sharma), Judge October 03,2023 (shankar)