In a writ petition, the High Court of Punjab and Haryana transferred the petitioner, a Sanskrit lecturer, from Muktsar to outside the district to protect him from alleged harassment by his wife and former colleagues at the same college.
Transfer of the petitioner outside Muktsar against a vacant post of Sanskrit/Hindi Lecturer within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP No.158 of 2010.doc
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.158 of 2010 Date of Decision: 16.02.2010
Dr. Krishan Dev . . . . Petitioner
VS.
State of Punjab and others . . . . . Respondents
CORAM : HON’BLE MR.JUSTICE SURYA KANT
1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Inderjeet Sharma, Advocate for the petitioner
Mr. B.S. Chahal, DAG Punjab
SURYA KANT J. (ORAL)
(1). The petitioner is working as a Lecturer in Sanskrit and is presently posted at Government College, Muktsar. He seeks a direction to the official respondents to transfer him at any other place (other than Muktsar) for the reason that due to his unfortunate matrimonial dispute with his wife, namely, Dr. Uma Rani who is working as a Lecturer in Government College, Una (Himachal Pradesh), he is being allegedly harassed by respondents No.3 to 7 who are also serving in the
CWP No.158 of 2010.doc
same College where the petitioner is presently posted.
(2). Even after giving more than one opportunity, the official respondents have not filed their counterreply/affidavit so far.
(3). The documents on record clearly suggest that the milieu of the subject College is not congenial and it would not be in the interest of the student community to keep the petitioner and the private respondents together in the same Institute. Since the petitioner wants to be transferred outside Muktsar unconditionally, his prayer appears to be totally fair and reasonable. The writ petition is accordingly allowed; the respondents No.1 and 2 are directed to transfer the petitioner outside Muktsar preferably against a vacant post of Sanskrit/Hindi Lecturer within one month from the date of receipt of certified copy of this order. (4). Ordered accordingly.
(5). Dasti .
(SURYA KANT) JUDGE
16.02.2010
vishal shonkar
2 issues framed by the court
Whether the petitioner should be transferred from Government College, Muktsar to avoid matrimonial harassment.
Whether the college environment is congenial given the presence of parties in a matrimonial dispute.
Dr. Krishan Dev
State of Punjab
Surya Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
