High CourtsDivision Bench(2020) 08 SHI CK 0099

Parvesh Kumar vs State Of H.P And Ors

High Court Of Himachal Pradesh · Decided on 13 August 2020

HON’BLE JUDGES
Sureshwar Thakur, J · Chander Bhusan Barowalia, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 2827 Of 2020

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Judgment

3 paragraphs · 236 words

Sureshwar Thakur, J

Heard. Since the writ petitioner prays for a writ of mandamus being directed against the respondents concerned, for his being posted at a particular place, thereupon, the afore writ cannot be granted, at this stage, as this Court lacks jurisdiction, to order any public servant or public official, being posted at any particular place of his/her choice, especially given the afore power being vested in the executive. However, after the exercise of the apposite discretion by the executive, hence to, post a public official or a public servant at a particular place, the aggrieved thereagainst, do hold, a, right to approach the Court, and, pray for, the executives’ decision being judicially reviewed by the writ court. In the afore background the extant writ petition is premature, as the apposite discretion, hence, has yet remained unexercised by the respondents concerned, and, as such it is dismissed, as, being not maintainable. However, the writ petitioner is at liberty to make a representation to the respondent concerned, for his being posted at a place of his choice, and, upon, the afore representation being made by the petitioner, the respondent concerned, shall decide it, within four weeks from its receipt, and, after affording an opportunity of personal hearing, to, the petitioner. Till then the respondents are directed to maintain status quo qua the place of posting of the petitioner. All pending applications stand disposed of.

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