Allowed

Pankaj Kumar v. State of Hp and Others

Himachal Pradesh HC6 Mar 2023CWP/709/2023

Case brief

AI extract

What is this about?

The High Court allowed two writ petitions challenging illegal transfer orders of state employees. The court quashed the orders on the ground that they were not issued in accordance with the transfer policy and were influenced by an MLA, without prejudice to the state's right to transfer in the future after tenure completion.

What did the court decide?

Quashing and setting aside of office orders and transfer dated 3.2.2023

Pankaj Kumar Vs State of Hp and Others — Service and Employment | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP Nos.709 and 526 of 2023. Date of decision: 6^th March, 2023.

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CWP No.709/2023
Pankaj Kumar		.....Petitioner.
	Versus
State of H.P & Ors.		…..Respondents.
CWP No.526/2023
Dharat Singh		.....Petitioner.
	Versus
State of H.P & Ors.		…..Respondents.

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Coram

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

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Whether approved for reporting?¹ No.

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For the petitioner(s) : Mr. Rakesh Chauhan and Mr. Ajay Thakur, Advocates. 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, for the respondents/State. Mr. Hamender Singh Chandel, Advocate, for respondent No.3. Mr. Sanket Sankhyan, Advocate, for respondent No.4.

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Tarlok Singh Chauhan, Judge (oral).

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The instant petitions have been filed for grant of following

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substantive reliefs:

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CWP No.709 of 2023

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“That this writ petition may kindly be allowed and office order dated 28.12.2022 contained in Annexure P-1 and office order dated 15.2.2023 contained in Annexure P-4 may kindly be quashed and set aside. CWP No.526 of 2023

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That appropriate writ in the nature of certiorari or any other appropriate writ order or direction may very kindly be issued to quash and set aside the impugned transfer order dated 3.2.2023 i.e. Annexure P-1 as it is illegal and contrary to law as well as violation of para 12 of the transfer policy.

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1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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That appropriate writ in the nature of mandamus may very kindly be issued to respondents directing them to adhere to and obey Comprehensive Guiding Principles-2013 for regulating the transfer of state government employees in letter and spirit.”

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A perusal of record reveals that a chain of reaction has been set in motion by the third respondent, in CWP No.709 of 2023, by approaching Local MLA for his transfer, resulting in complete dislodging of both the petitioners i.e. in CWP No.709 of 2023 as also CWP No.526 of 2023.

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Obviously, in such circumstances, both these impugned orders of transfers of the petitioner(s) cannot sustain, as the same has not been ordered to be effected in accordance with law.

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Consequently, both these petitions are allowed and impugned orders of transfers annexed with the petitions are ordered to be quashed and set aside. However, in case, the petitioner(s) has completed his normal tenure of service at the given station(s), therefore, this order shall not come in the way of the respondentsState, in case, they still choose to transfer the petitioner(s), in future.

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In view of the above, both these petitions are disposed of in the aforesaid terms, so also the pending application(s), if any, leaving the parties to bear their own costs.

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(Virender Singh)

Pankaj Kumar v. State of Hp and Others

Case brief

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Pankaj Kumar v. State of Hp and Others

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