Petitioner challenged a transfer order dated 19.1.2023 based on non-constitutional authority recommendations relying on a 2021 precedent. The court allowed the petition and quashed the transfer order.
Impugned order of transfer dated 19.1.2023 (Annexure PA) is quashed and set aside. Pending application(s) disposed of.
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.444/2023 Date of decision: 6th March, 2023.
Shyam Singh
.....Petitioner.
Versus State of H.P & ors. …..Respondents. Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the petitioner : Mr. Anil Chauhan, Advocate.
For the respondents : Mr. Anup Rattan, AG, Mr. I.N. Mehta, Mr. Y.W. Chauhan, Sr. Addl. AGs, Mr. J.S. Guleria, Dy. AG and Mr. Rajat Chauhan, Law Officer.
Tarlok Singh Chauhan, Judge (oral).
Aggrieved by the order of transfer, the petitioner has filed
the instant petition for grant of following substantive reliefs:-
“I) Issue a writ of mandamus by directing the respondents not to implement the order dated 19.1.2023 Annexure PA and allow the petitioner to join at Jal Shakti Division, Nerva.
ii) Issue the writ of certiorari to quash the order dated 19.1.2023.”
1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
2
(Tarlok Singh Chauhan) Judge
(Virender Singh)
6th March, 2023 Judge
(CS)
2 issues framed by the court
Whether the impugned order of transfer based on recommendations of an extra-constitutional authority can sustain.
Whether the writ petition challenging the transfer order can be allowed.
Colour shows how this judgement treated each authority
Vipender Kalta vs. State of H.P. and othersRelied on¶14
CWP No. 2862 of 2021 titled as Vipender Kalta vs. State of H.P. and others
2 provisions across 2 enactments
Shyam Singh
State of H.P
Tarlok Singh Chauhan
Virender Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
