Mrs. Dinesh Lata vs State of H.P. and Another

V.K. Ahuja, J.—The Petitioner, who is posted as Town & Country Planner, has been transferred vide impugned order Annexure P-3, dated 20th May, 2011, from Divisional Town Planning Office, Kullu to Divisional Town Planning Office, Dharamshala.

In the supplementary affidavit filed by the Respondents, they have taken the plea that the transfer order was passed, since there were complaints, as against the Petitioner. However, a perusal of the order shows that it is of dated 20.5.2011 and the copy of the complaint received, which has been attached along with the supplementary affidavit of the Principal Secretary (TCP) to the Govt. of H.P., shows that it is dated 30.5.2011. Therefore, it appears that the orders were already passed and the complaint, in question, was received thereafter 2 only. Thus, there is no justification for the transfer order, which can not be said to be in the public interest. However, in case the complaints have been received, as against the Petitioner, thereafter, the Department shall be at liberty to conduct a preliminary inquiry and pass appropriate orders thereafter after taking the result of the said inquiry, if any. The impugned orders are quashed for the present.

With the above directions, the writ petition is disposed of accordingly, so also the pending miscellaneous application(s), if any. Status quo, as it exists today shall be maintained.