Mustkeem Vs the State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

Mustkeem Vs the State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without interfering with the transfer order dated 07.04.2026; the transfer is to be given effect to only after completion of the Panchayat Election process, as mentioned in the office order; until then the petitioner and the private respondent are to perform duties at their respective stations whether or not relieved; failure to join the transferred station after the elections is to be treated as contempt of the Court's order; pending miscellaneous applications, if any, also stand disposed of.

Issue for consideration

Whether the transfer order dated 07.04.2026 could be implemented while the petitioner was deployed for Panchayat Election duty, i.e., whether its implementation had to await completion of the election process.

Court's answer

The petition is disposed of without interfering with the transfer order, which shall be given effect to after the completion of the election process, as mentioned in the office order.

Ratio / Principle

Till completion of the election process, the petitioner and the private respondent shall perform their duties at their respective stations where they were serving before issuance of the office order, whether or not they stand relieved.

Key takeaways

If the petitioner does not join the station to which he stands transferred after the election process is over, it shall be construed as contempt of the order passed by the Court.ratio¶18
The petitioner had already completed his normal tenure at GMS Heerpur (as informed to the Court), and the petition was disposed of in the light of this fact.ratio¶17

Detailed headnote1 paragraphs

Service law – Transfer – Writ petition against transfer order dated 07.04.2026 shifting petitioner from GMS Heerpur u/c GSSB Paonta Sahib (SMR) to GSSS Khodri Majri (SMR) – Challenge confined to implementability during Panchayat Election duty – Court informed petitioner had already completed normal tenure at GMS Heerpur – Petition disposed of without interfering with the transfer order, but with direction that it be given effect to only after completion of the election process, as mentioned in the office order – Till then petitioner and private respondent to continue at their respective stations, whether or not relieved – Failure to join after elections to be construed as contempt of the Court's order – Pending miscellaneous applications disposed of.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.5388 of 2026 Decided on 17^th April, 2026

Mustkeem

…Petitioner

Versus

State of Himachal Pradesh and others

…Respondents

Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge

1Whether approved for reporting?

For the petitioner: Mr. Gurdev Negi, Advocate through V.C. For the respondents: Mr. Pushpinder Jaswal, Additional Advocate General, for respondents No.1 to 3.

Ajay Mohan Goel, Judge (Oral )

Notice confined to respondents No.1 to 3. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of respondents No.1 to 3.

The petitioner is aggrieved by order dated 07.04.2026, in terms whereof, the petitioner has been transferred from GMS Heerpur u/c GSSB Paonta Sahib (SMR) to GSSS Khodri Majri (SMR).

The primary challenge to the said transfer order on behalf of the petitioner is on the ground that as the petitioner is deployed for Panchayat Election duty, the order cannot be implemented till the completion of the election process.

On a query put to the learned counsel for the petitioner

the Court stands informed that the petitioner has already completed his normal tenure at GMS Heerpur.

In the light of this fact, this petition is disposed of without interfering with the transfer order, but with the observation that the same shall be given effect to after the completion of the election process as is mentioned in the office order also and till then the petitioner and the private respondent shall be called upon to perform their duties at their respective stations, where they were serving before the issuance of the office order ad-hors whether they stand relieved or not. If the petitioner does not join the station to which he stands transferred after the election process is over, the same shall be construed as contempt of the order passed by the Court.

Pending miscellaneous applications, if any, also stand

disposed of.

(Ajay Mohan Goel) Judge

April 17, 2026 (Vinod)