Vijay Kumar vs Himachal Road Transport ...
2023 Latest Caselaw 15631 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.7437 of 2023 Date of Decision: 7.10.2023

.

_______________________________________________________

Vijay Kumar .......Petitioner Versus

Himachal Road Transport Corporation and others ... Respondents

_______________________________________________________ Coram:

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

For the Petitioner: Mr. Bharat Thakur, Advocate.

For the Respondents: Mr. Vinod Gupta, Advocate, for respondent Nos. 1 to 3.

____________________________________________________________

Sandeep Sharma, Judge(oral):

Since the petitioner, who is a driver, has already

completed his normal tenure at present place of posting i.e.

Sundernagar, this Court sees no reason to interfere in the transfer

order dated 29.09.2023, whereby petitioner herein has been ordered

to be transferred from Sundernagar to Local Unit.

2. However, this Court having taken note of the averments

contained in the petition as well as documents annexed therewith,

which clearly suggest that the petitioner is unfit to drive the vehicle on

account of his poor visibility and he is required to be given some light

work, deems it fit to dispose of the present petition, resaving liberty to

the petitioner to file representation before the competent authority.

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

Mr. Vinod Gupta, learned counsel representing the respondent-HRTC

is not averse to aforesaid innocuous prayer made on behalf of the

petitioner.

.

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

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

to the competent authority, praying therein for cancellation of his

transfer order on medical ground, within a period of one week, which

in turn, shall be decided by the competent authority expeditiously,

preferably within a period of two weeks strictly in terms of transfer

policy/comprehensive guidelines, wherein admittedly provision has

been made to transfer an employee, who is suffering from ailment/

disability, to a station of his choice. 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. Till the time representation, if any,

filed by the petitioner within a period of one week, is not decided by

the competent authority, transfer order dated 29.09.2023 shall remain

stayed qua the petitioner. Liberty is reserved to the petitioner to file

appropriate proceedings in appropriate court of law, if he still remains

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

(Sandeep Sharma), Judge October 07, 2023 (shankar)