Allowed

Tara Chand v. Hpsfc Ltd. and Ors.

Himachal Pradesh HC12 Jul 2023CWP/1788/2023

Case brief

AI extract

What is this about?

This is a writ petition challenging a transfer order issued by the respondent corporation based solely on a note by an MLA without proper administrative consideration. The court held the order illegal and strongly against natural justice, citing Viplender Kalta. The petition was allowed and the transfer order was quashed, permitting the petitioner to complete tenure at the current posting.

What did the court decide?

The impugned office order dated 24.03.2023 transferring the petitioner is quashed and set aside. The petitioner is allowed to complete his normal tenure at the present place of posting.

Tara Chand Vs Hpsfc Ltd. and Ors. — Pension and Retirement Benefits | Himachal Pradesh HC (2023)

¶1

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

¶2

CWP No. 1788 of 2023.

¶3

Date of Decision : 12th July, 2023.

Tara Chand

…..Petitioner.

Versus

Himachal Pradesh State Foirest Corporation Ltd. & Ors.

¶8

…..Respondents.

¶9

Coram

¶10

The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge.

¶11

The Hon’ble Mr. Justice Satyen Vaidya, Judge.

¶12

Whether approved for reporting? No.

¶13

For the Petitioner: Mr. C.N. Singh, Advocate.

¶14

For the Respondents: Mr. Nitin Goswami, Advocate, vice Mr. Vinod Thakur, Advocate, for respondents No.1 to 3. Ms. Shikha Chauhan, Advocate, for respondent No.4.

¶15

Tarlok Singh Chauhan, Judge (Oral)

¶16

Aggrieved by the order of transfer, the petitioner

¶17

has filed the instant petition for grant of the following substantive reliefs:-

¶18

“i) Issue writ of certiorari, mandamus or other appropriate writ order or direction as this Hon'ble Court deems fit, quashing the

¶19

…2…

¶20

impugned office order dated 24.03.2023 (Annexure P-2), transferring the petitioner from his present place of posting i.e. Forest Corporation Block, Bhajji to Forest Corporation Block, Totu, District Shimla, Himachal Pradesh, for all intents and purposes.

¶21

ii) Issue writ of certiorari, mandamus or other appropriate writ order or direction by directing the respondents department to allow the petitioner to complete his normal tenure at the present place of posting as Dy. Ranger till his retirement, for all intents and purposes.”

¶22

A perusal of the records that have been produced by

¶23

the respondents pursuant to the directions to this effect by this Court goes to indicate that the transfer of the petitioner has been effected solely on the basis of D.O. Note, issued by local MLA without application of mind by the administrative authority as to whether such transfer was made in public interest or in administrative exigency or for any other reason. Obviously, in such circumstances, the order of transfer cannot sustain, more particularly, for the reasons as assigned by this Court in Vipender Kalta vs. State of H.P. and others, 2021(3) SLC 1462.

¶24

Accordingly, the instant petition is allowed and the impugned transfer order dated 24.03.2023 (Annexure P-2), qua the petitioner is quashed and set aside.

¶25

…3…

¶26

Pending application(s), if any, also stand disposed of,

¶27

leaving the parties to bear their own costs.

¶28

(Tarlok Singh Chauhan) Judge

¶29

(Satyen Vaidya) Judge

¶30

12^th July, 2023. (jai)

Tara Chand v. Hpsfc Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Tara Chand v. Hpsfc Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Hpseb and Another Vs Tilak Raj and Others

Govind Singh Vs State of Hp

Laxmi Devi Vs State of Hp

Rangila Ram Vs the State of Hp and Others

Surinder Singh Kanwar Vs State of Hp and Others

Urmila Zinta Vs State of Hp and Another