Petitioner challenging transfer order issued based on recommendation of an Extra Constitutional Authority without administrative department applying independent mind. Court quashed the order for lack of independent inquiry.
Impugned transfer order dated 25.03.2023 quashed and set aside.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 1637/2023 Decided on: 08.09.2023 Basant Singh …Petitioner Versus State of H.P. & Ors. .…Respondents.
Coram
Ms Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1
For the petitioner: Mr. Sanjeev Bhushan, Sr. Advocate with Mr. Sohail Khan, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajat Chauhan, Law Officer, for respondents No.1 & 2.
Jyotsna Rewal Dua , J
Petitioner is presently serving as Technician-Grade-II (Work Inspector) in the respondent-department. On 25.03.2023, he was transferred from HPPWD B&R Division Thalout to HPPWD B&R Division Una. This transfer order (Annexure P-2) has been questioned by the petitioner in the instant petition.
order has been issued merely on the basis of D.O. Note that too at the instance of respondent No.3- an Extra Constitutional Authority.
1 Whether reporters of the local papers may be allowed to see the judgment?
2
The petitioner has not completed his normal tenure at the present place of posting and he was transferred there in April 2022.
The writ petition is disposed of in above terms. Pending miscellaneous application(s), if any, shall also stand disposed of.
Jyotsna Rewal Dua Judge
08th September, 2023(rohit)
1 issue framed by the court
Whether a transfer order issued solely on the recommendation of an Extra Constitutional Authority without the administrative department applying its independent mind should be quashed.
Basant Singh
State of H.P.
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
