Disposed¶17

Amrit Lal v. State of Hp and Another

Himachal Pradesh HC21 May 2025CWP/6196/2024

Case brief

AI extract

What is this about?

Transfer on basis of D.O. Note of political functionary; transfer without independent application of mind; interim stay of transfer order dated 27.06.2024 (Annexure P-1) made absolute; writ petition disposed of in terms of interim order dated 03.07.2024; respondents free to consider transfer afresh in accordance with law; CWP No.6196 of 2024; Jyotsna Rewal Dua, J.; decided 21-05-2025; Himachal Pradesh High Court.

What did the court decide?

Interim order dated 03.07.2024 staying the transfer order dated 27.06.2024 (Annexure P-1) made absolute; writ petition disposed of in those terms; respondents at liberty to consider the petitioner's case for transfer afresh in accordance with law. ¶17

Amrit Lal Vs State of Hp and Another — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned transfer order dated 27.06.2024, stated to have been effected on the basis of D.O. Note No.4949 dated 11.06.2024 approved vide Note No.537 dated 18.06.2024 issued by a political functionary having nothing to do with the administrative department, and thus without independent application of mind, is sustainable.

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Court's answer

It stood undisputed before the Court that the petitioner's transfer had been effected solely on the basis of the D.O. note, without there being independent application of mind.

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Ratio / Principle

That being the position, the interim order dated 03.07.2024 (staying the transfer order) was made absolute.

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Key takeaways

The writ petition stands disposed of in terms of the interim order dated 03.07.2024.ratio¶17
The respondents remain at liberty to consider the petitioner's case for his transfer afresh, in accordance with law.ratio¶17
Pending miscellaneous application(s), if any, also stand disposed.ratio

Detailed headnote1 paragraphs

High Court of Himachal Pradesh at Shimla (Jyotsna Rewal Dua, J.), CWP No.6196 of 2024, decided 21-05-2025: The petitioner challenged transfer order dated 27.06.2024 (Annexure P-1), stated to have been effected on the basis of D.O. Note No.4949 dated 11.06.2024, approved vide Note No.537 dated 18.06.2024, issued by a political functionary having nothing to do with the administrative department. By interim order dated 03.07.2024 the transfer order was stayed and records called for. On the respondents producing the record without filing a reply, and it standing undisputed that the transfer had been effected solely on the basis of the D.O. note without independent application of mind, the Court made the interim order dated 03.07.2024 absolute and disposed of the writ petition in terms thereof, leaving the respondents at liberty to consider the petitioner's case for transfer afresh in accordance with law. Pending miscellaneous application(s), if any, also stood disposed.

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.6196 of 2024 Decided on: 21^st May, 2025

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_________________________________________________________________ Amrit Lal ....Petitioner Versus State of H.P. and Anr. …Respondents ________________________________________________________________ Coram_ Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Amrick Singh, Advocate. For the respondents: Mr. Rajat Chaudhary, Assistant Advocate General.

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Jyotsna Rewal Dua, Judge

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Following order was passed in the matter on

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03.07.2024:-

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“Petitioner is aggrieved by Annexure P-1 i.e. impugned transfer order dated 27.06.2024. According to learned counsel for the petitioner, the same has been effected on the basis of D.O. Note No.4949 dated 11.06.2024 and further approved vide Note No.537 dated 18.06.2024, issued by a political functionary, who had nothing to do with the functioning of the administrative department.

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The issue of transfer on the basis of D.O. Note i.e. at the behest of political functionary, who has

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

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nothing to do with the functioning of the administrative department, has been deprecated by this Court on numerous occasions.

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Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents and seeks time to file reply.

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Reply/instructions on behalf of appearing respondents be filed/obtained within four weeks. List thereafter.

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In the meanwhile, transfer order dated 27.06.2024 (Annexure P-1), is stayed.

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Records be produced on the next date.”

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2. Respondents have not filed reply, however, record

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has been produced by learned Assistant Advocate General. It has not been disputed that the transfer of the petitioner had been effected solely on the basis of D.O. note, without there being independent application of mind. That being the position, interim order dated 03.07.2024 has to be made absolute. Ordered accordingly

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This writ petition, therefore, to stand disposed of in terms of interim order dated 03.07.2024. Respondents, however, are at liberty to consider the case of the petitioner for his transfer afresh in accordance with law.

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Pending miscellaneous application(s), if any, also

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to stand disposed.

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Jyotsna Rewal Dua Judge

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May 21, 2025 R.Atal

Amrit Lal v. State of Hp and Another

Case brief

What is this about?

What did the court decide?

Amrit Lal v. State of Hp and Another

Case brief

What is this about?

What did the court decide?

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What the court decided

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