High CourtsDivision Bench(2020) 12 SHI CK 0006

Subhash Chand vs State Of H.P. And Others

High Court Of Himachal Pradesh · Decided on 2 December 2020

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 5526 Of 2020

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Judgment

10 paragraphs · 205 words

L. Narayana Swamy, CJ

1.

By way of the instant writ petition, the petitioner, a Forest Guard, has invoked the jurisdiction of this Court seeking quashment of impugned transfer

order, dated 17th November, 2020 (Annexure PÂ1), whereby he has been transferred from I/C Golwan Beat, Pandol Block, Lad Bharol Range of

Jogindernagar Forest Division to Choura Beat, Magroo Block, Magroo Range of Karsog Forest Division.

2.

The submission of the learned counsel for the petitioner is that the transfer of the petitioner has been effectuated on the basis of a DO Note and in

violation of Clause 5.5 of the Transfer Policy, since he has to retire within a period of less than two years.

3.

In view of the above, without expressing any opinion of the merits of the case, the writ petition is disposed of with liberty to the petitioner to file a

representation before the competent authority within a period of one week and the competent authority is directed to consider and decide the same

within a further period of two weeks. Till the disposal of the representation, the petitioner may avail the leave of kind due, if he so desires.

4.

Pending miscellaneous applications, if any, are also disposed of accordingly.