Himachal Pradesh High Court
Decided On: October 12 vs State Of Himachal Pradesh And ... on 12 October, 2023
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 4685 of 2023
Decided on: October 12, 2023
________________________________________________________
Amit Kumar ........... Petitioner
.
Versus
State of Himachal Pradesh and another .... Respondents
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Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1
For the Petitioner : Mr. Naresh K. Sharma, Advocate.
For the respondents :
Mr. Anoop Rattan, Advocate General
with Mr. Rajan Kahol, Mr. Vishal
Panwar and Mr. B.C. Verma,
Additional Advocates General with
Mr. Ravi Chauhan & Ms. Sunaina,
Deputy Advocates General.
________________________________________________________
Sandeep Sharma, Judge (oral):
Being aggrieved and dissatisfied with order dated 20.7.2023,
(Annexure P-3), whereby the petitioner has been ordered to be
transferred from District Treasury Bilaspur to Keylong, Lahul and Spiti,
petitioner has approached this court praying therein to set aside the
order dated 20.7.2023.
2. Precisely, the grouse of the petitioner as has been highlighted in
the petition and further canvassed by Mr. Naresh K. Sharma, learned
counsel for the petitioner is that the petitioner has not completed his
normal tenure of posting at the present place of posting and he has
been transferred on political considerations.
3. Pursuant to notices issued in the instant proceedings,
respondents Nos. 1 and 2 have filed their reply and Ms. Uma Thakur,
Superintendent, has come present with the record. This court having
Whether the reporters of the local papers may be allowed to see the judgment?
taken note of the reply filed by Director, Treasuries, Himachal Pradesh,
found that a complaint was received from Deputy Commissioner,
Bilaspur, against the petitioner as such, vice order dated 19.8.2023,
.
this court directed learned Additional Advocate General to make
available the record. Besides above, Deputy Commissioner Bilaspur,
vide communication dated 6.6.2023, apprised the Director, Treasuries
that the petitioner misbehaved with him as well as members of
Pensioners Welfare Association on 6.6.2023 in front of all the Heads of
Offices, during the meeting.
4.
Pursuant to order dated 19.8.2023, learned Additional Advocate
General has made available record, perusal whereof reveals that apart
from communication dated 6.6.2023, issued by Deputy Commissioner
Bilaspur, one complaint has been received, copy of which was sent to
Hon'ble Chief Minister, Hon'ble Chief Justice and Vigilance Department
alleging therein that the petitioner indulges in illegal activities, while
discharging his official duties.
5. Deputy Commissioner, Bilaspur, vide communication dated
6.6.2023 has apprised Director Treasuries that during the meeting of
District Body of Pensioners Welfare Association on 6.6.2023 with
District Administration petitioner misbehaved with members of
Welfare Association before all the heads of the offices and when he
asked about delay in official work, he also misbehaved with the Deputy
Commissioner.
6. Having perused the record, as taken note herein above, there
appears to be merit in the contention of learned Additional Advocate
General, that impugned transfer order has been effected on
administrative grounds.
7. Thought, it has been claimed by the petitioner that he has
.
completed only one year 7 months at present place of posting, but that
cannot be a ground to quash the impugned transfer order especially,
when impugned transfer order has been effected on the basis of
administrative grounds, as detailed herein above. Moreover though as
per Comprehensive Guiding Principles, normally, an employee would
be permitted to remain posted at one place for 3 years but that does
not mean that Department is estopped from transferring an employee
on administrative grounds as well in public interest before completion
of normal tenure. Leaving everything aside, petitioner is a Class I
officer and as such, he otherwise cannot claim immunity from transfer,
in terms of Comprehensive Guiding Principles formulated by
Government of Himachal Pradesh.
8. In view of above, this court finds no merit in the petition and
same is dismissed. Impugned order dated 20.7.2023 (Annexure P-3 is
upheld..
The petition stands disposed of alongwith all pending
applications.
(Sandeep Sharma)
Judge
October 12, 2023
Vikrant
