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High CourtsDivision Bench(2021) 08 SHI CK 0104

Dumnu Ram, S/O Sh. Tek Chand And Others vs State Of HP Through Its Principal Secretary (Elementary Education) And Others

High Court Of Himachal Pradesh · Decided on 10 August 2021

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Satyen Vaidya, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No.1583, 1783 Of 2021

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Judgment

9 paragraphs · 165 words

Tarlok Singh Chauhan, J

1.

Admittedly, transfer of the petitioner in CWP No. 1583/2021 has been effected on the basis of recommendations made by a political entity, who has

nothing to do with the administration or functioning of the respondentsÂ​Department.

2 This issue has already been dealt with, in detail, by this Court in CWP No. 2862/2021, titled as Vipender Kalta vs. State of H.P. & ors., decided on

20.7.2021.

3 In this view of the matter, the impugned order of transfer dated 10.3.2021 (Annexure PÂ2) qua the petitioner in CWP No. 1583/2021 cannot be

sustained and the same is quashed and set aside. However, since the petitioner in CWP No. 1583/2021, has completed his normal tenure of service at

the given station, therefore, the respondentsÂ​State are at liberty to pass fresh orders of transfer in accordance with law.

4 Both these petitions are disposed of, in the aforesaid, terms, so also the pending application(s), if any, leaving the parties to bear their own costs.