Decided On: September 28 vs Himachal Pradesh Through Its ...
2023 Latest Caselaw 14900 HP

             IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                                  CWP No. 5903 of 2023
                                       Decided on: September 28, 2023
    ________________________________________________________
    Ravinder Kumar                                    ........... Petitioner




                                                                                .
                                   Versus





    Himachal Pradesh through its Secretary and others   .. Respondents
    ________________________________________________________
    Coram:
    Hon'ble Mr. Justice Sandeep Sharma, Judge.





    Whether approved for reporting? 1

    For the Petitioner                     :      Mr. Mehar Chand, Advocate.

    For the respondents                    :
                                  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):

Having taken note of the fact that the petitioner has already

completed more than four years tenure at present place of posting, this

court finds no reason to interfere with impugned transfer order

26.8.2023, Annexure P-1, whereby the petitioner, who is working as a

JOA(IT) has been transferred from the office of District Language

Officer Bilaspur to the office of District Language Officer, Chamba.

2. Though, it has been alleged by the learned counsel for the

petitioner that the transfer has been effected on the basis of

recommendation made by OSD to Deputy Chief Minister, but reply

filed by the respondents, pursuant to notices issued in terms of order

dated 29.8.2023 clearly reveals that transfer has been effected with

prior approval of Deputy Hon'ble Chief Minister, who is also Minister-in-

Charge Language and Culture Department and as such no illegality

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

can be said to have been committed by the respondents, while issuing

impugned transfer order.

3. While inviting attention of this court to impugned transfer order,

.

dated 26.8.2023, Annexure P-1, learned counsel for the petitioner

argued that bare perusal of same suggests that the transfer of the

petitioner came to be effected on the basis of UO Note No.

OSD/Dy.CM /2023, dated 26.7.2023 but such plea of him deserves

outright rejection for the reason that copy of impugned transfer order

has been endorsed to aforesaid authority in reference to UO

OSD/Dy.CM/2023 dated 26.7.2023, but that does not mean that UO

Note was initiated by OSD rather being OSD of Minister-in-Charge,

copy of impugned transfer order was sent to him.

4. In view of above, this court finds no illegality in the impugned

transfer order dated 26.8.2023 (Annexure P-1) and as such, same is

upheld. Present petition is dismissed being devoid of merit, with liberty

to the petitioner to file representation to the competent authority for his

adjustment within one week, which shall be decided within two weeks,

strictly in accordance with transfer policy/Comprehensive Guiding

Principles.

5. The petition stands disposed of in the afore terms, alongwith all

pending applications.

(Sandeep Sharma) Judge September 28, 2023 Vikrant