High CourtsDivision Bench(2011) 07 SHI CK 0016

Bam Dev Sharma vs State of H.P. and Others

High Court Of Himachal Pradesh · Decided on 26 July 2011

HON’BLE JUDGES
Kurian Joseph, C.J · Sanjay Karol, J
CASE NUMBER
CWP No. 5297 of 2011

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Judgment

4 paragraphs · 215 words

Sanjay Karol, J.—Record perused and returned. Undisputedly FIR No. 117/2009 dated 25.9.2009 stands registered against the Petitioner. However, the case was not initiated by the Vigilance Department in relation to the embezzlement allegedly carried out by the Petitioner but in relation to the forgery allegedly committed by him.

2.

To that extent Petitioner is right in pointing out that in the impugned order of transfer dated 7.7.2011 (Annexure P-1) reference of pendency of vigilance case pertaining to embezzlement is not correct. Be that as it may be, the fact of the matter is that FIR stands registered against the Petitioner.

3.

According to the Petitioner impugned order of transfer has resulted into great hardship. Petitioner has also other issues as specifically mentioned in ground (h) of the petition. In this regard, Petitioner agree to make a detailed and exhaustive representation to Respondent No. 1 clearly setting out the hardships and the circumstances justifying his posting at a station other than the place to which he now stands transferred. Liberty granted to the Petitioner to do so within a period of one week. As and when any such representation is received, Respondent No. 2 shall decide the same within a period of four weeks thereafter.

4.

With the above observations, the writ petition is disposed of.