Mahender And Anr vs State Of Haryana And Others
2022 Latest Caselaw 17681 P&H

101    IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                                            LPA-1193-2022
                                                            Decided on: 28.12.2022

Mahender and another                                               .... Appellant
                                        versus
State of Haryana and others                                        .... Respondents
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
       HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:    Mr. Ravi Sharma, Advocate
            for the appellants.

            Ms. Rajni Gupta, Addl. AG, Haryana.

                                *****

Manjari Nehru Kaul, J.(Oral)

Prayer in the instant appeal under Clause X of the Letters Patent is for

setting aside the judgment/order dated 19.12.2022 passed by Single Judge in CWP

No.29287 of 2022.

Learned counsel for the appellants submits that learned Single Judge

failed to appreciate that the impugned transfer order dated 14.12.2022 (Annexure

P-1) on the face of it was punitive in nature and based on a report dated

31.10.2022 qua misappropriation of Rs.400/-. Learned counsel further submits

that learned Single Judge had erred in not appreciating that the impugned transfer

order had been passed in contravention to the principles of natural justice.

Learned State counsel on instructions has apprised the Court that

departmental proceedings have been initiated against the appellants for

misappropriation of money.

Learned counsel for the appellants has not been able to controvert to

the above submission made by the State counsel.

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Heard learned counsel for the parties and perused the impugned

judgment.

Since departmental proceedings already stand initiated against the

appellants, the impugned transfer order cannot be faulted with as it falls within the

ambit of administrative exigency.

We do not thus, find any illegality much less perversity in the

impugned judgment passed by learned Single Judge, which would call for any

interference by this Court in the present appeal.

The appeal being devoid of any merit stands dismissed.

                                                     (MANJARI NEHRU KAUL)
                                                             JUDGE



28.12.2022                                             (SANDEEP MOUDGIL)
sonia                                                       JUDGE


             Whether reportable?:                    Yes/No
             Whether speaking/non-speaking?:         Yes/No




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