Petitioner challenged non-transfer from a hard/difficult area after completing tenure. Court directed the competent authority to transfer the petitioner within two weeks, directing them to find a substitute.
Respondent No. 2/competent Authority directed to pass orders for transfer of the petitioner within two weeks from the date of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No. 8546 of 2014.
Date of decision: 21st November, 2014.
Satish Kumar …..Petitioner. Versus State of H.P. and others. …Respondents
Coram:
The Hon’ble Mr. Justice Mansoor Ahmad Mir, Chief Justice. The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting ?1 For the petitioner: For the respondents: Mr.
Mr.Mukul Sood, Advocate. Mr. Shrawan Dogra, Advocate General with Mr. Romesh Verma, Mr. V.S. Chauhan, Additional Advocate Generals, and Mr. J.K. Verma Deputy Advocate General.
_______________________________________________________ Mansoor Ahmad Mir, Chief Justice (Oral)
It is contended in the writ petition that the petitioner had been transferred to hard/difficult area and on completion of normal tenure, the respondents have not transferred him from the said area on the pretext that they are not in a position to find a substitute.
( Mansoor Ahmad Mir ) Chief Justice.
November 21, 2014. (Tarlok Singh Chauhan) (cm Thakur) Judge.
1 Whether the reporters of Local Papers may be allowed to see the judgment ?.
2 issues framed by the court
Whether the respondents will transfer the petitioner from the hard/difficult area on completion of his normal tenure.
Whether the authority can refuse transfer on the pretext of not being able to find a substitute.
Satish Kumar
State of H.P.
Mansoor Ahmad Mir
Tarlok Singh Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
