Allowed

Bodh Raj v. State of Hp and Others

Himachal Pradesh HC14 Mar 2023CWP/792/2023

Case brief

AI extract

What is this about?

The High Court allowed the writ petition and quashed an office order transferring the petitioner from one government school to another. The transfer was set aside as it was based on recommendations from an extra-constitutional authority, relying on the precedent Vipender Kalta.

What did the court decide?

Quashed and set aside the office order dated 23.02.2023 transferring the petitioner.

Bodh Raj 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 No. 792 of 2023 Decided on: 14.03.2023

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Bodh Raj …Petitioner Versus State of H. P. & Ors. …Respondents

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Coram:

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

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Whether approved for reporting?¹^No.

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For the Petitioner : Mr. Vinay Mehta and Mr. Devi Singh Verma, Advocate.

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For the Respondents : Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Mr. Y. W. Chauhan, Sr. Addl. A.Gs., Mr. Ramakant Sharma, Addl. A.G., Mr. J. S. Guleria, Dy. A.G. and Mr. Rajat Chauhan, Law Officer, for respondents-State.

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Tarlok Singh Chauhan, Judge (Oral)

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Aggrieved by the order of transfer, the petitioner has filed the instant petition for grant of the following substantive

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relief:-

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“i. That the office order dated 23.02.2023 passed by the respondent No. 3 whereby the petitioner has been ordered to be transferred from Govt. Sr. Sec. School, Harboi, District Mandi, H.P. to Govt. Sr. Sec. School Sarachi (Seraj), District Mandi, P. may kindly be quashed and set aside qua the petitioner and the petitioner may very kindly be allowed to work at the present place of posting or in the alternative, the petitioner may kindly be adjusted either in Govt. Middle School Gahar u/c GSSS Nihri, District Mandi,

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1 Whether reporters of the local papers may be allowed to see the judgment? yes

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H.P. or I Govt. Middle School Bhalan u/c GSSS Behli, District Mandi, H.P. where the post of Shastri are lying vacant.

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A perusal of the record produced by the respondents pursuant to the directions passed by this Court would go to reveal that the impugned order of transfer is solely based on the recommendations of an extra constitutional authority.

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Once that be so, the order of transfer is not sustainable in view of the judgment rendered by this Court in Vipender Kalta, vs. State of H.P., (2021) 3 SLC 1462 .

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Accordingly, the present petition is allowed and the impugned transfer order dated 23.02.2023 (Annexure P-1) is quashed and set aside. However, since the petitioner is serving at the present place of posting since 2006, it shall always be open to the respondents to transfer the petitioner in accordance with law.

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Pending application(s), if any, also stands disposed of.

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(Tarlok Singh Chauhan) Judge

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14^th March, 2023 (sanjeev)

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(Virender Singh) Judge

Bodh Raj v. State of Hp and Others

Case brief

What is this about?

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Bodh Raj v. State of Hp and Others

Case brief

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