Rakesh Gupta And Others vs State Of H.P. And Others

Justice Tarlok Singh Chauhan, J

The instant petition reflects how an administrative order can create havoc.

The victim in the entire episode is one Bishan Dutt Sharma, who admittedly is suffering from Follicular Lymphoma which are type of blood cancer

and had been adjusted at Ghumarwin on his own request.

The episode begins with the transfer of the petitioner Moti Lal, who is at the verge of retirement and has been transferred from Bilaspur to

Sarkaghat. The order of transfer dated 07.02.2020 came to be stayed by this Court constraining the petitioner Rakesh Gupta to file a fresh petition as

he was ordered to be transferred from Ghumarwin to Bilaspur, which resulted in the transfer of Bishan Dutt Sharma from Sarkaghat to Ghumarwin.

Since the petitioner Moti Lal is due to retire in November, 2020, we are not inclined to decide the lis on merits and direct that petitioner (Moti Lal)

be posted and retained at Bilaspur till his superannuation and till such time the petitioner Rakesh Gupta be transferred to Sarkaghat. On the retirement

of Moti Lal, the case of Rakesh Gupta be considered for his transfer at Bilaspur.

As regards the respondent Bishan Dutt Sharma taking into account his ailment, he be retained permanently at Ghumarwin.

In view of the above, both the petitions stand disposed of, so also the pending application(s), if any, leaving the parties to bear their own costs.