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Judgment
Tarlok Singh Chauhan, J
The instant petition has been filed for the grant of following substantive reliefs:-
A. That the impugned transfer order dated 11.11.2021 (Annexure P-3) whereby the petitioner has been ordered to be transferred from Electrical Division HPSEB Ltd., Fatehpur to M & T Division, HPSEB Ltd. May be quashed and set aside as the petitioner is at the verge of retirement.
B. That the respondents may be directed to permit the petitioner to perform his duties at present place of posting i.e. electrical Division HPSEB Ltd., Fatehpur, District Kangra, H.P. till his retirement i.e. 30.04.2020.
One of the main grounds for transfer of the petitioner is that his act and conduct at the given station is not satisfactory.
In order to substantiate the said fact, we on 29.11.2021 called for the ACRs of the petitioner and having perused the same, we find that at earlier occasion there has not been any complaint much less serious complaint regarding the working of the petitioner and even if that was so, the same has not been reflected at least in the ACRs. In such circumstances, the transfer of the petitioner cannot sustain.
Accordingly, the petition is allowed and the impugned transfer order dated 11.11.2021 (Annexure P-3) is ordered to be quashed and set aside. However, it goes without saying that, in case, the work and conduct including the behaviour of the petitioner is not upto the mark, then it shall always be open to the respondents to transfer the said official.
Pending applications, if any, also stands disposed of.