High CourtsDivision Bench(2020) 09 SHI CK 0122

Kamal Jeet Gupta vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 1 September 2020

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
CASE NUMBER
Civil Writ Petition No. 2682 Of 2020

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Judgment

5 paragraphs · 200 words

Anoop Chitkara, J

1.

The petitioner, who is a Superintendent Grade-II, has come up before this Court, challenging his transfer after a gap of five months from the previous one, vide order dated 23.7.2020 (Annexure P-14). The petitioner has impleaded private respondent, Shri Manoj Kumar Sharma (respondent No.3) who substituted him.

2.

We have heard learned counsel for the petitioner as well as learned counsel for respondent No.3. Ms. Anjali Soni Verma, learned counsel representing the 3rd respondent, submits that even the 3rd respondent had not completed his normal tenure. Be that as it may, the petitioner was transferred after a gap of just five months, coupled with the fact that he has a disc problem of L- 4 & L-5.

3.

Given above, we quash the transfer order dated 23.7.2020 (Annexure P-14) and permit the petitioner and respondent No.3 to make representation to the Department within one week and on receipt of such representation, within two weeks thereafter, the respondents shall re-consider their transfer after giving them telephonic opportunity of hearing. Till then, status quo be maintained. Liberty reserved to the petitioner to approach the Court in case his grievances are not redressed.

Pending application(s), if any, are closed.