High CourtsDivision Bench(2021) 11 SHI CK 0020

Madan Lal Son vs State Of H.P And Others

High Court Of Himachal Pradesh · Decided on 9 November 2021

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Satyen Vaidya, J
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No.5281 Of 2021

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Judgment

7 paragraphs · 167 words

Tarlok Singh Chauhan, J

1.

The petitioner admittedly has been ordered to be transferred on the basis of recommendations made by respondent No. 6, who has nothing to do with the administration of functioning of the respondents-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 20.07.2021.

3.

In this view of the matter, the impugned order of transfer dated 10.09.2021 (Annexure P-1) cannot sustain and the same is quashed and set aside.

4.

The petition is allowed, in the aforesaid terms. However, it is made clear that in case the petitioner has completed his normal tenure of service at the given station, then this order shall not come in the way of the respondents-State to consider the case of the petitioner for transfer, in accordance with law.

5.

Pending application(s), if any, also stand disposed of, leaving the parties to bear their own costs.

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