Susheel Kumar Awasthi And Others vs State Of H.P. And Ors

Tarlok Singh Chauhan, J

The instant is a classical example of how one blue­eyed boy of the respondent­department can create havoc with lives of his colleagues by getting them transferred here and there while enjoying posting of convenience for himself.

2 The parties to both the lis are Class­I Officers and their incumbency is as under:­

Sr. No

Name of Officer

Date of Birth/ Retirement

Date of Appointment

Home District

Previous Station Served

1

Rajiv Chandra

10.9.1965

30.9.2023

20.1.1992

Chamba

PCDO Chopal 20.1.1992 to 12.12.1996 PB Salooni 13.12.1996 to 23.3.2000 Pangi 24.3.2000 to 30.6.2003 Chamba 1.7.2003 to 7.2011 Study Leave 7.2011 to 23.7.2013 As SMS Bharmour 24.7.2013 to 9.12.2013 Chamba HQ 10.12.2013 to till date.

2.

Daulat Ram

21.2.1963

28.2.2021

28.4.1988

Chamba

Tissa 4/88 to 4/94 Bharmour 4/94 to 10/98 Bhatiyat 10/98 to 10/03 Bharmour 10/03 to 6/08 Bhatiyat 06/08 to 06/10 Shimla (PSO) 06/10 to 11/10 Chamba 11/10 to 05/13 Bharmour 05/13 to07/17 Banikhet 07/17 to 12.10.2017 DDH, Kangra 13.10.2017 to till date

3.

Sushil Kumar Awasthi

5.4.1964

30.4.2022

7.5.1990

Kangra

Tindi 5/90 to 5/93 Panchrukhi 5/93 to 3/99 Baijnath 3/99 to 7/06 Kangra 7/06 to 6/08 Panchrukhi 06/08 to 05/11 05/11 to 10/13 ADH D/Sala 10/13 to 07/16 Palampur 07/16 to till date.

3 Rajiv Kumar Chandra (private respondent in both the petitions), who had been working as Subject Matter Specialist in the office of Deputy Director of Horticulture, Chamba, was promoted to the post of Deputy Director of Horticulture in the month of June, 2020 and was ordered to be posted as SMO­cum­ DDH (PIU), Directorate of Horticulture, Shimla, but he did not join his duties, rather he in order to get himself adjusted at Chamba approached Sushil Kumar Awasthi (petitioner in CWP No. 2597/2020) to give his consent for transfer to Dharamshala or else, he would get him transferred to some other place.

4 After obtaining consent of Sushil Kumar Awasthi, Rajiv Kumar Chandra procured a D.O. note in his favour to get himself adjusted at Chamba and Sushil Kumar Awasthi at Dharamshala in place of Daulat Ram (petitioner in CWP No. 2397/2020), who ultimately was transferred as SMO­cum­DDH (PIU),Directorate of Horticulture, Shimla. These are the facts, which have been stated on oath by Sushil Kumar Awasthi while filing CWP No. 2597/2020.

5 Aggrieved by the transfer, Daulat Ram filed CWP No. 2397/2020, which came up for consideration before this Court on 16.7.2020 and the order of transfer, dated 13.7.2020 was ordered to be stayed qua him.

6 This led the respondents­State taking a U­turn by cancelling transfer order of Daulat Ram and permitting him to continue as Deputy Director of Horticulture, Kangra at Dharamshala; and modifying transfer order of Sushil Kumar Awasthi while being transferred him as SMO­cum­DDH (PIU), Directorate of Horticulture, Shimla vide order dated 21.7.2020.

7 But surprisingly, the person, at whose instance entire chain of events took place, i.e. Rajiv Kumar Chandra has remained untouched and was rather rewarded with a posting of his choice.

8 Even though, Mr. Dushyant Dadwal, Advocate, representing Rajiv Kumar Chandra, would vehemently contend that it is on account of compelling family circumstances that his client has been adjusted at Chamba, but we find no merit in such contention inasmuch as if personal difficulties of Rajiv Kumar Chandra was only consideration, which weighed with the respondents­State, then obviously, same parameters for judging difficulties of other two persons, i.e. Daulat Ram and Sushil Kumar Awasthi, ought to have been adopted by the respondents­ State. Even otherwise, the transfer in question is not maintainable as the same has been effected on the basis of a D.O. note.

9 In view of the aforesaid discussion, we find merit in both the petitions and the same are accordingly allowed. Consequently, order, dated 13.7.2020 (Annexure P­1 in CWP No. 2397/2020) and order dated 21.7.2020 (Annexure P­1 in CWP No. 2597/2020) are quashed and set aside as the same have been passed only to accommodate Rajiv Kumar Chandra. Pending application(s), if any, also stands disposed of, leaving the parties to bear their own costs.