Decided On: October 3 vs State Of Himachal Pradesh And ...
2023 Latest Caselaw 15178 HP

             IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                                 CWP No. 7179 of 2023
                                           Decided on: October 3, 2023
    ________________________________________________________
    Chandresh Kumar Kaushik                          ........... Petitioner




                                                                                .
                                      Versus





    State of Himachal Pradesh and another             .... Respondents
    ________________________________________________________
    Coram:
    Hon'ble Mr. Justice Sandeep Sharma, Judge.





    Whether approved for reporting? 1

    For the Petitioner                     :      Mr. L.N. Sharma, Advocate

    For the respondents                    :
                                  Mr. Rajan Kahol, Mr. Vishal Panwar
                                  and Mr. B.C. Verma, Additional





                                  Advocates General with Mr. Ravi
                                  Chauhan, Deputy Advocate General.
    ________________________________________________________
    Sandeep Sharma, Judge (oral):

Though, in the case at hand, specific allegation has been

leveled by the petitioner, who is a Principal, that he has been

transferred from Industrial Training Institute Kolawalan Bhood camp at

ITI Nahan, Sirmaur, to Industrial Training Institute Chopal, Shimla,

against vacancy, on the basis of a DO Note issued by a local MLA, but

learned counsel for the petitioner fairly states that his client shall be

content and satisfied in case he is permitted to make a representation

to the competent authority, detailing therein three stations, which are

vacant in District Sirmaur, with a direction to the respondents to

consider the same sympathetically, in a time bound manner.

2. Learned Additional Advocate General, while accepting notice on

behalf of respondents, fairly states that the representation, if any, shall

be considered in accordance with law.

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

3. Consequently, in view of above, present petition is disposed of

reserving liberty to the petitioner to file a representation, praying therein

for cancellation of his transfer or adjustment at one of the vacant

.

stations, as may be detailed in representation, within a week from

today, which, in turn, shall be considered by the competent authority

expeditiously, preferably within a period of two weeks thereafter, in

terms of Comprehensive Guiding Principles/Transfer Policy, wherein

admittedly provision has been made to accommodate persons, who

are due to retire within a period of two years. Needless to say,

authority shall afford opportunity of hearing to the petitioner and pass a

speaking order thereafter. Liberty is reserved to the petitioner to file

appropriate proceedings, before appropriate court of law, if he still

remains aggrieved.

4. Till the time, representation if filed by petitioner within a week, is

decided by competent authority, within the period as stipulated by this

court, implementation of impugned transfer order dated 26.9.2023

(Annexure P-2) shall remain stayed..

Petition stands disposed of in the afore terms, alongwith all

pending applications.

(Sandeep Sharma) Judge October 3, 2023 Vikrant