This is a CWP challenge where the petitioner, already serving twice in a hard/tribal area, sought to quash his transfer to Rukti Power House. The Court quashed the transfer and directed his posting at a non-tribal location.
The impugned order dated 12.06.2014 is quashed; petitioner posted at a place where he has not served in a remote/tribal area.
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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No. 4363 of 2014 Date of Decision : 04.08.2014 .
Kamlesh Kumar …. Petitioner.
Vs.
H.P.State Electricity Board and others …. Respondents.
Coram:
The Hon’ble Mr. Justice Rajiv Sharma, Judge. The Hon’ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for Reporting?
For the petitioner: Mr. M.C.Verma, Advocate. For the respondents : Mr. B.S.Ranjan, Advocate.
Rajiv Sharma, J. (Oral):
Petitioner has again been transferred to tribal area i.e. Rukti Power House, District Kinnaur, H.P. vide order dated 12th June, 2014. Since, the petitioner has already served twice in the hard and tribal area and therefore, the impugned order of transfer of the petitioner dated 12th June, 2014 (Annexure P-3) is quashed and set-aside, qua the petitioner, with the direction to the respondents to post a person at the place of the petitioner, who has not served in the remote/tribal area.
( Rajiv Sharma ) Judge.
4th August, 2014. (Sureshwar Thakur) (TM) Judge.
2 issues framed by the court
Whether the transfer of the petitioner to a tribal area for the second time violates principles of natural justice to be considered.
Whether the impugned order of transfer should be quashed and the petitioner be posted at a non-tribal area.
Kamlesh Kumar
H.P.State Electricity Board
Rajiv Sharma
Sureshwar Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
