Though the order is concise, it addresses a challenge to a transfer. The court held that the transfer relied on a Note from an extra-constitutional authority (an Ex MLA) and quashed it, though noting future lawful transfers are permissible.
The impugned order of transfer is quashed and set aside; pending applications are 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. 650 of 2023
Decided on: 3rd March, 2023
Punit Kumar .......Petitioner
Versus
State of H.P and others ...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. Narender Singh Thakur, Advocate.
For the respondents: Mr. Anup Rattan, A.G with Mr. I.N. Mehta, Mr. Y.W. Chauhan, Sr. Addl. A.Gs. and Mr. J.S. Guleria, Dy. A.G for respondents No. 1 to 3.
Tarlok Singh Chauhan, Judge. (Oral)
Aggrieved by the order of transfer, the petitioner
has filed the instant petition for the grant of following substantive relief:-
1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
2
( Tarlok Singh Chauhan ) Judge March 03, 2023 ( Virender Singh ) (naveen) Judge
2 issues framed by the court
Whether the order of transfer of the petitioner was legal.
Whether the transfer was based solely on a D.O. Note issued by an extra-constitutional authority.
Colour shows how this judgement treated each authority
Vipender Kalta vs. State of H.P and othersRelied on¶19
CWP No. 2862 of 2021 titled as Vipender Kalta vs. State of H.P and others
1 provisions across 1 enactments
Punit Kumar
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
