Allowed

Mukesh Kumar v. State of Hp and Others

Himachal Pradesh HC13 Jun 2023CWP/985/2023

Case brief

AI extract

What is this about?

Petitioner challenged a government transfer order issued by an extra-constitutional authority based solely on a D.O. Note. The Court relied on precedent to hold such orders unsustainable and quashed the transfer.

What did the court decide?

The impugned transfer order dated 04.03.2023 was quashed and set aside. The petitioner was directed to perform duties at his present place of posting.

Mukesh 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 No.985 of 2023

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Date of Decision : 13^th June, 2023

Mukesh Kumar

…… Petitioner

Versus

State of Himachal Pradesh and another

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……Respondents

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Coram:

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

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Whether approved for reporting?¹ No

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For the Petitioner : Mr. Neeraj Sharma, Advocate.

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For the Respondents : Mr. I.N. Mehta, Senior Additional Advocate General with Mr. Ramakant Sharma & Ms. Sharmila Patiyal, Additional Advocates General and Mr. Rajat Chauhan, Law Officer, for the State.

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Mr. Hemant Kumar Thakur, Advocate, for Respondent No.2.

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Tarlok Singh Chauhan, Judge (oral)

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The instant petition has been filed for grant of the following substantive relief(s): -

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“i) That in view of the above-mentioned facts and circumstances, the impugned transfer order dated 04.03.2023 (Annexure P-1) of the present petitioner, may kindly be quashed and set aside, in the interest of justice and fair play.

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

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ii) That the respondents may kindly be directed to allow the petitioner to perform his duties at his present place of posting i.e. Govt. Sanskrit College Phagli (Shimla).”

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A perusal of the record, which was produced pursuant to directions of this Court, goes to indicate that the transfer of the petitioner has been effected solely on the basis of a D.O. Note, that too, issued by an extra constitutional authority. Therefore, in such circumstances, the impugned order of transfer cannot sustain, more particularly for the reasons, as already assigned by the Court in case titled Vipender Kalta vs. State of H.P. and others , 2021 (3) SLC 1462.

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Consequently, the writ petition is allowed and the order of transfer dated 4.3.2023 (Annexure P-1) is quashed and set aside.

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The pending miscellaneous application(s), if any, shall also stand

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disposed of.

Mukesh Kumar v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

Mukesh Kumar v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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