High CourtsDivision Bench(2023) 04 SHI CK 0060

Beant Singh vs State Of H.P. & Ors

High Court Of Himachal Pradesh · Decided on 10 April 2023

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Virender Singh, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No.878 Of 2023

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Judgment

7 paragraphs · 204 words

Tarlok Singh Chauhan, J

1.

The instant petition has been filed for the grant of following substantive reliefs:-

I) That any appropriate writ/order or direction in the nature of certiorari may kindly be issued and the impugned transfer order dated 03.02.2023 at Annexure P-1 may kindly be quashed.

ii) That any appropriate writ/order or direction in the nature of mandamus may kindly be issued and the respondents may be directed to permit the petitioner to work as Constable at Police Station State Vigilance & Anti Corruption Bureau Una, District Una, Himachal Pradesh.

2.

Since the order of transfer impugned herein has been passed on the recommendations of an extra constitutional authority and is in the teeth of the dictum laid down by this Hon'ble Court in Vipender Kalta vs. State of H.P. & Ors. (2021) 3 SLC 1462, the impugned transfer order is quashed and set aside.

3.

Since the petitioner has practically completed his normal tenure of service at the given station, this order shall not come in the way of the respondents, in case, they still want to effect the transfer of the petitioner, in future.

4.

The petition stands disposed of in the aforesaid terms, so also pending applications, if any.