Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 9, Cited by 0]

Himachal Pradesh High Court

Maan Singh vs Himachal Road Transport Corporation & ... on 8 October, 2020

Bench: Tarlok Singh Chauhan, Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 3178/2020 Reserved on: 28.9.2020 Decided on : 8.10.2020 .

Maan Singh                                                                           .....Petitioner

                                      Versus





Himachal Road Transport Corporation & ors.                                           .....Respondents

Coram:





The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 No For the Petitioner: Mr. Ajay Sharma, Senior Advocate with Ms. Aanandita Sharma, Advocate.

For the Respondents: Mr. Shyam Singh Chauhan, Advocate, for respondents No. 1 and 2.

Mr. B. C. Negi, Senior Advocate with Mr. Nitin Thakur, Advocate, for respondent No.3.

(Through Video Conferencing) _____________________________________________________________________ Justice Tarlok Singh Chauhan, Judge It was more than four decades back that the Hon'ble Supreme Court had observed that "it must, therefore, be taken to be the law that where the Government is dealing with the public, whether by way of giving jobs or entering into contracts or issuing quotas or licences or granting other forms of largesses, the 1 Whether reporters of the local papers may be allowed to see the judgment? Yes.

::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 2

Government cannot act arbitrarily at its sweet will and, like a .

private individual, deal with any person it pleases, but its action must be in conformity with standard or norm which is not arbitrary, irrational or irrelevant. The power or discretion of the Government in the matter of grant of largesses including award of jobs, contracts quotas, licenses etc., must be confined and structured by rational, relevant and non­discriminatory standard or norm and if the government departs from such standard or norm in any particular case or cases, the action of the Government would be liable to be struck down, unless it can be shown by the Government that the departure was not arbitrary, but was based on some valid principle which in itself was not irrational, unreasonable or discriminatory (Refer: Erusian Equipment and Chemicals Ltd. vs. State of West Bengal, AIR 1975 SC 26).

2 The principles laid down above would equally apply to the allotment of the government residences to be made by the respondent­Corporation in accordance with the Himachal Pradesh Allotment of Government Residencies (General Pool) Rules, 1994.

3 The instant case depicts sordid, despotic and nepotic functioning of respondent­Corporation, which unfortunately despite observations made by this Court, as far as back as on ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 3 2.9.2015 in Shashi Bhushan vs. State of Himachal Pradesh & .

ors. 2016(1) Shim.L.C. 302 CWP No. 9492­2014 does not seem to have learnt its lessons well.

4 While deciding the said case, which pertained to selection for the posts of Transport Multipurpose Assistants (Conductors) in the respondent­Corporation, the Court adversely commented on its working and observed as under:­

27. It is more than settled that public offices, both big and small, are sacred trusts. Such offices are meant for use and not abuse and in case large scale fraud is committed so as to shock the conscious of the Court, then the law is not that powerless and would step into quash the entire selection.

This was so observed by the Hon'ble Supreme Court in Krishan Yadav and another Vs. State of Haryana and others (1994) 4 SCC 165 as under:­

16.Having regard to all the above, the irresistible conclusion is "fraud has reached its crescendo". Deeds as foul as these are inconceivable much less could be perpetrated. We are reminded of the words of Shakespeare: "Thus much of this, will make Black, white; foul, fair; wrong, right; Base, noble; Ha, you gods! why this?"

(Timon of Athens, Act IV, Sc. 3)

17.It may not be too much to draw an inference that all these were motivated by extraneous considerations. Otherwise, how does one account for selection without interview, fake and ghost interviews, tampering with the final records, fabricating documents, forgery? Each of this ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 4 would attract the penal provisions of Indian Penal Code. They have been done with impunity.

.

18.The story does not end here. From out of the "selection list" secret Communications have been sent to the candidates. Selections were made without medical test or verification of antecedents.

19.It is highly regrettable that the holders of public offices both big and small have forgotten that the offices entrusted to them are sacred trusts. Such offices are meant for use and not abuse. From a Minister to a menial everyone has been dishonest to gain undue advantages. The whole examination and the interview have turned out to be farcical exhibiting base character of those who have been responsible for this sordid episode. It shocks our conscience to come across such a systematic fraud. It is somewhat surprising the High Court should have taken the path of least Resistance stating, in view of the destruction of records, that it was helpless. It should have helped itself. Law is not that powerless.

29. Respondent No. 2 being creation of statute is admittedly a State within the meaning of Article 12 of the Constitution of India and cannot therefore, act like a private individual, who can act in a manner whatsoever he likes, unless it is interdicted or prohibited by law. Rather its power as an employer are more limited than that of a private employer inasmuch as it is subject to constitutional limitations and cannot be exercised arbitrarily. It is trite that the State and its instrumentalities have to act strictly within the four corners of law and all its activities are governed by rules, regulations and instructions. It is more then settled that when a statutory authority is required to do a thing in a ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 5 particular manner then the same must be done in that manner or not at all.

.

5 The issue in question relates to allotment of government accommodation and aggrieved by the non­allotment, the petitioner has approached this Court for grant of following substantive reliefs:­ "a) That impugned office order dated 22.08.2020, Annexure P­3, may very kindly be quashed and set aside with directions to respondents No.1 & 2 to allow office order dated 14.08.2020, Annexure P­2, remain in force and allotment of Set No.12, Block­A, Divisional Workshop, Taradevi, Shimla 171010 in favour of the petitioner in vogue, to secure the ends of law and justice;

b) That respondents No. 1 & 2 may kindly be directed to post the House Allotment Rules, applications received for allotment of quarters, proceedings of the meetings of the House Allotment Committee and office orders issued consequently on the website of the respondent­Corporation so that there is transparency in making allotment of houses to the employees.

c) That respondents No. 1&2 may kindly be directed to produce record pertaining to the allotment of houses in favour of employees of the respondent­ Corporation posted at Shimla from January, 2014 onwards along with proceedings of the meetings of the House Allotment Committee and consequent orders as issued before this Hon'ble Court for its kind perusal."

::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 6

6 The petitioner joined respondent­Corporation as Driver .

on 31.5.2007 and is working as such since then. On 5.4.2019, he was elected as President of the Himachal Path Parivahan Nigam Drivers' Union, H.P. On 14.5.2020, the petitioner applied for the allotment of government accommodation and vide order, dated 14.8.2020, Set No. 12, Block­A, situated in Divisional Workshop Taradevi, was allotted in favour of the petitioner, however the respondents thereafter issued office order, dated 22.8.2020, whereby aforesaid allotment was cancelled and the same was made in favour of respondent No.3 and aggrieved thereby, the petitioner has filed the instant petition seeking reliefs, as quoted here­in­above.

7 The respondents have contested the petition by filing reply, wherein, apart from raising preliminary objections regarding maintainability, the petitioner having not approached this Court with clean hands, locus standi, it has been specifically stated that no step­motherly treatment has been meted out to the petitioner on any account and on the contrary, the respondents had given a sympathetic view and alloted the accommodation out of turn to the petitioner, despite the petitioner being at Sr. No. 11, whereas respondent No.3 being at Sr. No.1, however when objections were ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 7 filed by respondent No.3, respondents No. 1 and 2 were under .

obligations to consider those objections and in this background, the respondent­Corporation reviewed its earlier decision and cancelled the allotment made in favour of the petitioner and alloted the same to respondent No.3.


8            In the reply, the respondents have annexed list of the

applications         received


                                 upto         16.7.2020

accommodation in a tabulated form (Annexure R­2), which reads r for residential as under:­ SN Name (Sh./Smt.) DESIG. PRESENT Date of Date of Grounds POSTED receipt of existing application allotment 1 Ravi Kumar Dvr. DW Tdvi 7.4.2014 Not Allotted 2 Pritam Singh Clerk HO 2.4.2015 Not Allotted 3 Ranvir Singh Condt. Unit-III 4.1.2017 Not Allotted 4 Kuldeep Kumar Condt. Unit-II 15.9.17 Not Allotted 5 Tilak Raj Dvr. DW Tdvi 18.9.17 Not Allotted 6 Daljeet Singh DM DO 27.12.18 Not Allotted 7 Vikram-II Dvr. DW Tdvi 17.4.19 Not Allotted 8 Ramesh Chand-II Dvr. DW Tdvi 17.5.19 Not Allotted 9 Joginder Singh Dvr. DW Tdvi 29.6.19 Not Allotted 10 Ram Krishan Dvr. Unit-1 9.7.19 Not Allotted ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 8 11 Man Singh Dvr. Local 5.8.19 Not Allotted .

12 Hans Raj Sr. Asstt. HO 17.8.19 Not Allotted 13 Bhuteshwar Dvr. Local 29.8.19 Not Allotted 14 Pyare Lal Dvr. Local 22.10.19 Not Allotted 15 Tej Singh Mech. DW Tdvi 13.11.19 Not Allotted 16 Desh Raj Drv. DW Tdvi 18.12.19 Not Allotted 17 Gian Singh Dvr. Unit-I 3.2.2020 Not Allotted 18 Ashok Kumar rDvr. HO 22.5.2020 Not Allotted 19 Chander Prakash Condt. DW Tdvi 4.5.2020 Not Allotted 20 Vivek Mehta Elect. Unit-I 17.6.2020 Not Allotted 21 Pawan Kumar AM DW Tdvi 20.6.2020 Not (Store) Allotted 9 In rejoinder, the petitioner, instead of concentrating on the averments made in the petition and trying to justify the allotment in his favour, contended that step­motherly treatment has been meted out to him on the ground that in case respondent No.3 had in fact made application for allotment in the year 2014, then why successively he did not object to the allotment of government accommodation in favour of Pawan Guleria, Hem Raj, Shankar Singh, Conductor, Pawan Kumar Sharma, Deputy ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 9 Divisional Manager, Daljeet Singh, Divisional Manager, who had .

applied during the year 2014 and thereafter.

10 On 17.9.2020, the Court directed respondents­ Corporation to produce records of house allotment committee along with Rules of allotment.

11 On 28.9.2020, arguments in this case were heard and 12 to the judgment was ordered to be reserved.

We perused the records on 28.9.2020 and found that same was not at all maintained properly muchless in accordance with the provisions of Office Manual, which is the Bible of any office insofar as maintenance of the official record is concerned.

13 Accordingly, we directed the respondent­Corporation to depute the concerned official/officer, who had been maintaining record. On 29.9.2020, Vijay Kashyap, dealing hand and Pyare Lal, Section Officer, appeared and after trying their level best they failed to justify the names of the employees, as per tabulated chart, Annexure R­2 and requested for further time. Thereafter, dealing hand, alone came on 30.9.2020 and after spending few hours, was again not in a position to justify the entires shown in Annexure R­2.

::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 10

14 It was thereafter on 1.10.2020 that dealing hand along .

with Section Officer again appeared and after spending about three hours sought permission to take back the record and prepare a tabulated chart.

15 It is now on 3.10.2020 that list of the employees to be considered for allotment of government residencies, in a tabulated form, has been handed over to us, duly certified by the Regional Manager (Legal) of the respondent­Corporation, which is annexed with this judgment as Annexure ­I (total pages 8 in number).

16 Noticeably, the respondent­Corporation somewhere in the month of August, 2019 prepared list of the employees for allotment of residential accommodation, which reads as under:­ Sr. No. Name of Emp. DESIG Unit D/o Apply 1 Poonam Thakur Clerk D/W Tdv. 8.10.15 2 Madan Lal Driver DM Office 2.4.18 3 Ram Chand H.M. Tara Devi Unit 29.11.18 4 Daljeet Singh DM, Hzr. Head Office 27.12.18 5 Rajesh Kumar Jr. Tech.Electt. Tdvi Unit 28.3.19 6 Vikram Singh II Driver D/ Tdvi 17.4.19 7 Ramesh Chand II Driver D/W Tdvi 17.5.19 8 Joginder Singh Driver D/W Tdvi 29.6.19 9 Ram Krishan Driver Tara Devi Unit/I 9.7.16 10 Man Singh Driver Local Unit II 5.8.19 11 Tilak Raj Driver D/W Tdvi 18.9.17/9.8.19 12 Hans Raj Sr. Asstt. Head Office 17.8.19 changed 13 Bhutashwer Dutt Driver HIN Tdv 29.8.19 14 Pyare Lal Driver Local Unit 22.10.19 ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 11 15 Tej Singh Mech D/W Tdvi 13.11.19 changed .

16 Raju Sweeper HO 13.9.19 17 Hem Raj Driver Taradevi Unit 23.9.19 18 Pawan Kumar DDM(T) D/W Tdv. 1.2.2020 17 Even though, this list was prepared somewhere in the month of August, 2019, but strangely enough it contains list of employees, who applied in later part of 2019 and 2020, though notings that have been continued further bear date 22.8.2019 however, these entries can best be left to guess work, but what is more shocking is that there is overwriting on these entries over and above the notings of the departmental head.

18 The petitioner, despite being no where even close in the seniority list of employees, who could have been allotted government accommodation, on the sheer strength of his being President of the Himachal Path Parivahan Nigam Drivers' Union, to which he was elected on 5.4.2019, approached the respondent­ Corporation by writing letter, dated 5.8.2019, which reads as under:­ "The Divisional Manager, Himachal Road Transport Corporation, Shimla Division, Shimla, H.P. Subject: Regarding allotment of Departmental residence at Taradevi.

::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 12

Sir, .

I have the honour to state that a Govt. residence has been allotted in favour of Sh. Rajinder Kumar Regional Manager (Stores), HRTC Head Office Shimla in the HRTC colony (Block­A Set No. 13) at Taradevi and said office stand retired from his services on 31.08.2019.

You are therefore requested the same residence may please be allotted in my favour after vacation of said officer please.

I shall be highly thankful to you.

Yours faithfully Sd/­ (Man Singh) Driver HRTC, Local Unit, Dhalli­Shimla."

19 This application appears to have been placed before the Vice Chairman of the respondent­Corporation, who made following endorsement:­ "D.M. please do the needful.

Sd/­ 5.8.2019"

20 Obviously, such a course could not have been adopted even by the Vice Chairman of the respondent­Corporation and the allotment had to be made strictly in accordance with the Rules.

21 Here it shall be apposite to refer to the observations made in para 1 and 46 of the judgment of the Hon'ble Supreme ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 13 Court in Shiv Sagar Tiwari vs. Union of India and ors. (1997) 1 .

SCC 444, being a land mark judgment qua allotment of government residences on out of turn basis, which read as under:­

1. The administrative law has of late seen vast increase in discretionary powers. But then, the discretion conferred has to be exercised to advance the purpose to subserve which the power exists. Even the Minister, if he/she be the repository of discretionary power, cannot claim that either there is no discretion in the matter or unfettered discretion.

This proposition was rejected emphatically by the House of Lords in landmark decision of Padfield 1968 AC 997. This apart, as pointed out in United States v. Wunderlish 342 US 98:

Law has reached its finest moments, when it has freed man from unlimited discretion of some ruler, some...official, some bureaucrat.... Absolute discretion is a ruthless master. It is more destructive of freedom than any of man's other invention.
1A. These high principles of administrative law have been placed at the forefront because, as would appear from what is being stated later, in the present case there was gross misuse of discretionary power relating to allotment of accommodation to government employees. As against the discretionary quota of 10 per cent, it shot up to 70 per cent; and on top of that 8,768 houses were allotted by stating that the same was being done on "Special Compassionate Ground". This naturally led to uproar and serious objection from those who were denied accommodation as per rules. After the present petition was entertained and the Court ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 14 went into the matter in depth, it was found that what had taken place was a scam, and a big scam at that. In the .
present case, we do not propose to say anything regarding the allegation that the allotments were made for extraneous consideration, as investigation relating to that is under progress. What we propose to examine rather is how best we can take care of illegality which had described following out­of­turn allotments a galore.
46. The arbitrary exercise of power by the authorities in a big way had led almost to the collapse of the whole system of allotment. There was a crisis like situation and this Court had to deal with an extra­ordinary situation and a special procedure had to be devised to do justice to all concerned.

Natural justice being a flexible principle and we being concerned with the issue of out­of­turn allotment in thousands, it was felt by us that a collective hearing would meet the requirement of natural justice as the Committee had given individual hearing to those who appeared before it. This view was taken because the basic question to be determined was whether the allotment given to an employee was on out­of­turn basis or not. In case it were to be so, it is apparent that unless an exception is made, the allottee has no right to stay, no right to occupy the premises. The hearing given by us on two occasions brought eloquently to us that the out­of­turn allottees were notified and had appeared, had two principal contentions to advance­the same being the plea not to evict either on the ground of serious illness of one or the other close relatives, or to include them in the functional category. Nothing else could have really been pleaded not to evict them. These two ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 15 aspects have been adequately borne in mind by us as would appear from the aforesaid discussion.

.

22 We have also found that certain D.O. notes have been issued by the other politicians, who otherwise have no concern with the respondent­Corporation and, thus, could not have been acted upon. Such a course is clearly in violation of the guidelines that have been laid down in Shiv Sagar Tiwari's case (supra).

23 It was observed by Wades Administrative Laws, 5 th Edition at page 347 that "The first requirement is the recognition that all powers have legal limits, the next requirement, no less vital, is that the Court should draw this limit in a way which strikes the most suitable balance between executive efficiency and legal protection of the citizen. Parliament consistently confers upon public authorities powers which on their face seem absolute and arbitrary. But arbitrary power and unfettered discretion are what the Courts refuse to countenance. They have woven a net­work of restrictive principles which require statutory powers to be reasonable and in good faith and in accordance with the spirit and letter of the empowering Act." At page 359, it was also observed that "Discretion of a statutory body is never unfettered. It is a discretion which is to be exercised according to law. That amounts at least to this that the statutory body must be guided by relevant ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 16 consideration and not irrelevant. If its decision is influenced by .

extraneous consideration which ought not have taken into account, then the decision cannot stand. No matter that the statutory body may have acted in good faith, nevertheless, the decision will be set­aside."

24 Here, it shall be apposite to make a reference to the judgment of the Hon'ble Supreme Court in New India Public School vs.Huda (1996) 5 SCC 510, wherein it was observed that when public authority discharges its public duty, it has to be consistent with the public purpose and clear and unequivocal guidelines or rules are necessary and the same cannot be acted at the whim and fancy of the public authorities or under their garb or cloak for any extraneous consideration.

25 The concept of reasonableness and non­arbitrariness pervades the entire constitutional spectrum and is a golden thread which runs through the whole fabric of the Constitution. Thus, Article 14 read with Article 16(1) of the Constitution accords right to an equality or an equal treatment consistent with principles of natural justice. Therefore, any law made or action taken by the employer, corporate statutory or instrumentality under Article 12 ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 17 must act fairly and reasonably. Right to fair treatment is an .

essential inbuilt of natural justice.

26 Thus, what can be deduced from the aforesaid exposition of law is that procedure for allotment has to be fair, reasonable, non­discriminatory, transparent, non­capricious and should not suffer from favouritism or nepotism and must not be 27 to violative of the mandate of Article 14 of the Constitution.

We could have conveniently disposed of the petition by dismissing the same as the petitioner has failed to substantiate his plea for allotment of government accommodation on out of turn basis, but the mode and manner, in which records so also Annexure R­2 have been prepared by the respondent­Corporation, constrains us to proceed further in the matter.

28 As observed above, while dealing with cases relating to house allotment, the respondent­Corporation has prepared a list of applicants, which has to be based and drawn on the basis of date of application and the records have to be prepared strictly in accordance with the provisions of the Office Manual, more particularly, Chapter IX thereof, which deals with filling system.

The same not only have not been maintained in terms of the aforesaid provisions, but even the list now prepared on the basis of ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 18 so called record does not tally with Annexure R­2 or with the list .

prepared in August 2019 and thus, irresistible conclusion that may be drawn by us is that a fraud is being played with the Court when false and fabricated documents, more particularly, Annexure R­2, is being placed before the Court for being accepted as the one based on records.

29

Deeds as foul as these are inconceivable much less could be permitted to be perpetrated. Shakespeare aptly described such sordid affairs in the following manners: thus much of this, will make Black, white; foul, fair; Wrong, right; Base, noble; Ha, you gods: why this? This is clearly evident from the fact that both the President and Vice President of respondent No. 1 have recently resigned from the office purportedly because of a video widely circulated showing them accepting bribe from the Contractor.

30 As observed earlier, it is highly regrettable that the holders of the office of respondent­Corporation have been completely oblivious to the fact that the office entrusted to them is sacred trust and is meant for use and not for abuse.

31 The holders of the office cannot act as despots or monarchs and are obliged to act in accordance with the principles ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 19 of democracy, equity, equality and solidarity and above all, in .

accordance with the Rules governing the field.

32 It is because of sharp and illegal practices being followed by the respondent­Corporation that the petitioner, even though had no right to have government accommodation on out of turn basis, was initially allotted accommodation and the order was subsequently superseded. Riding high on power being President of Himachal Path Parivahan Nigam Drivers' Union, the petitioner had managed to push through application and have allotment made in his favour, which act has rightly been rectified by the respondent­Corporation by cancelling the allotment.

33 The matter cannot be permitted to rest here because the manner in which the records are being prepared and thereafter submitted to this Court, not only by the respondent­Corporation, but the other departments/corporations under the State Government reveals that the records are not being maintained in accordance with the office manual and tabulated information containing data on the basis of so called record is then being submitted to the Court as being authentic, whereas many times these are fudged, fabricated and not even based on the actual record.

::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 20

34 We in India inherited a hierarchical system of .

administration from the colonial regime. The aim of the system was to ensure that there are adequate checks and balances at every successive stage, but unfortunately, this Court invariably finds that notings of the dealing hand are dittoed and approved that too without application of mind as it is till the highest authority.

35 to If the decision making is left at hands of the dealing hand alone and approved as such without due application of mind by the higher authority, then the same would play havoc with the entire system.

36 It is here that role of Advocate comes into play.

Lawyers cannot simply be mouth piece of his client and being officer of the Court has to make best efforts to restrain and prevent his client from resorting to sharp or unfair practices.

37 This is so provided in Section 1 of Chapter II of Part­VI of the Rules framed by the Bar Council of India lays down therein the standard of professional conduct and etiquette to the Advocates.

::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 21

38 It is, thus, duty of each Advocate to check the veracity, .

correctness of the pleading as also every document before filing the same in the Court.

39 As observed above, a deliberate attempt has been made by the respondent­Corporation to mislead this Court by filing and creating documents, which are not only fabricated, but not even incorrect as per the actual record, therefore, this Court left with no other option but to issue show cause notice to r Vijay Kashyap, dealing hand and Pyare Lal, Section Officer, so also the deponent of the affidavit, Sh. Madan Sharma, Regional Manager (Legal), as to why they should not be prosecuted and punished under the Contempt of Courts Act for having deliberately and wilfully tried to mislead this Court by submitting fabricated documents to this Court.

40 At the same time, it needs to be reiterated that this is not an isolated or solitary case, where the records are not being maintained properly, therefore, the Chief Secretary to the Government of Himachal Pradesh is directed to issue necessary instructions to all the departments/corporations under the State Government to­ ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP 22

(i) maintain office files and records strictly in .

accordance with the provisions of Office Manual and other instructions issued from time to time.

(ii) impart training to all officials/officers regarding maintenance of official records and filing of affidavits/replies in the Courts.

(iii) Sufficient copies of office manual be made available to each department offline and online.

41 The petition is dismissed, in the aforesaid terms, so also the pending application(s), if any. Annexure I shall form part of this judgment. Pending application (s), if any, also stands disposed of.

(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) 8.10.2020 Judge (pankaj) ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP Name of Applicatio D Sr. Applicant Designati Date of receipt Office Date of n received ch No. S /Shri on of application Name allotment for change Q Smt. of quarter Ravi 07.04.2014 & D/W Alloted on 1 Driver 14.08.2020 22 Kumar 03.07.2020 Taradevi 14.08.2020 05.04.2016 Khem D/W 2 Driver 16.10.2014 05.03.2016 & Singh Taradevi 14.12.2017 .

       Shanta                                        D/W
3                  Porter        26.11.2014





        Devi                                       Taradevi
       Pritam
4                 Chawkidar      02.04.2015       Head Office
       Singh
                                                                                        05.06.2017





       Ramesh                   21.07.2015 &
5                 Chowkidar                       Head Office       21.02.2017              &         07
       Kumar                     23.07.2015
                                                                                        08.06.2017
       Shankar                                      Unit-1                                            05
6                 Conductor                                         21.03.2015          28.09.2018
        Singh                                      Taradevi





       Sanjeev                                      Unit-1
7                 Conductor      22.07.2015                         21.08.2015          27.08.2015
       Kumar                                       Taradevi
                                22.07.2015 &        Unit-1
8     Chet Ram    Conductor                                         20.01.2014          22.07.2015
                                 15.10.2015        Taradevi

      Subhash                                       Unit-1

9                 Conductor                                                             23.07.2015    20
       Verma                                       Taradevi

                                 25.07.2015,
       Kuldeep                  31.10.2015 &
10                Conductor                       Local Unit        16.12.2015
       Kumar                  07.12.2015,15.09.


                                    2017
                                                    Unit-1
11    Gurdass      Driver        06.08.2015                         20.08.2015          20.09.2015
                                                   Taradevi




      Harbans                                       Unit-1
12                 Driver        11.08.2015
        Lal                                        Taradevi
                      Jr.





13     Babita                    12.08.2015        Rural Unit
                  Assistant
14    Raj Kumar    Driver        12.08.2015       Local Unit        02.05.2016          19.12.2016





                                                    ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP
       Ajender                                 Unit-1
15                 W.M.      13.08.2015
     Chaudhary                               Taradevi
                                              Unit-1
16   Hem Raj     Conductor   10.09.2015
                                             Taradevi
       Soni
17                 Driver    30.09.2015     Local Unit
      Kumar

                                                              05.03.2016
                     Jr.
18   Poonam                  08.10.2015     Local Unit            &
                 Assistant
                                                              16.03.2020




                                                                 .

     Parshotam                                Unit-1
19                 Driver    26.10.2015
         Lal                                 Taradevi
     Nagender                                 Unit-1
20                 Driver    01.11.2015





       Kumar                                 Taradevi

                                              Unit-1
21   Het Ram     Conductor   03.12.2015                       05.03.2016
                                             Taradevi





       Pawan                                   D/W
22                Driver     16.02.2016
     Kumar 1st                               Taradevi
                                                                                  28.03.2016
                                               D/W
23   Tej Singh     Fitter                                                             &
                                             Taradevi
                                r                                                 13.11.2019
      Rajinder                                Unit-1

24               Conductor   21.02.2016                       05.03.2016
     Singh 5th                               Taradevi
      Rajinder                                 D/W
25               AM Stores   30.03.2016                       21.02.2017
       Kumar                                 Taradevi
      Naginder
26                Driver     06.05.2016      Rural Unit


       Kumar
       Sanjay                23.06.2016 &
27                 Driver                   Head Office       07.07.2017
       Kumar                  29.05.2017
      Joginder                                Unit-1




28                 Driver    25.06.2016
     Singh 2nd                               Taradevi
        Capt.





                                               D/W
29     Dinesh    DM Tech.    18.07.2016
                                             Taradevi
      Kapoor





                                              ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP
 30   Sewa Ram      Driver      22.07.2016      Rural Unit
      Sandeep
31                Sr. Asstt.   17.11.2016     Head Office
       Kumar
                                                Unit-1
32   Mohan Lal    Tyreman      16.12.2016                       21.02.2017          08.03.2017
                                               Taradevi
                                                Unit-1
33   Kamal Dutt     Fitter     19.12.2016
                                               Taradevi
      Seema
34                 Driver      27.12.2016     Local Unit
      Thakur




                                                                   .
      Naresh                                    Unit-1
35                  Clerk      28.12.2016





      Kumar                                    Taradevi
                                                 D/W
36    Balwant      Driver      28.12.2016
                                               Taradevi





       Ranbir                  04.01.2017 &
37                Conductor                    Rural Unit
       Singh                    02.06.2020
                                                                           20.07.2018
                                                                                ,
                               04.01.2017&
38   Hans Raj     Sr. Asstt.                  Head Office       21.04.2017 17.08.2019





                                31.03.2017
                                                                                &
                                                                           21.08.2019
      Dharam                                     D/W
39                 Driver      13.02.2017
        Dev                                    Taradevi
40
      Raghubir
                    DDM

                               14.02.2017
                                                 D/W
                                                                21.02.2017
       Singh                                   Taradevi

        Ram        Head        18.02.2017 &     Unit-1
41                                                              21.04.2017
       Chand       Mech.        05.12.2018     Taradevi
      Shkuntla
42                  Peon       05.05.2017     Head Office
        Devi


     Gurbachan
43                  T.M.       06.06.2017      Rural Unit       07.07.2017
       Singh
44   Desh Raj     Sr. Asstt.   05.06.2017     Head Office




       Kewal                                    Unit-1
45                 Driver      19.06.2017
       Singh                                   Taradevi





      Chander                                    D/W
46                Inspector    28.06.2017                       15.11.2018
      Parkash                                  Taradevi





                                                ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP
        Arjun                                 Unit-1
47                Driver      11.07.2017
       Singh                                Taradevi
      Surjeet                                Unit-1
48                 Driver     11.07.2017
      Singh                                 Taradevi
       Prem
49               Chowkidar    11.07.2017    BSM&DA
      Chand
      Ishwar                                 Unit-1
50               Conductor    28.08.2017                     16.02.2018
       Dutt                                 Taradevi
       Pyar                                   D/W
51               Conductor    18.09.2017                     16.02.2018
      Chand                                 Taradevi




                                                                .
                                              D/W





52   Hem Raj     Conductor    22.09.2017
                                            Taradevi
       Veena
53               Supdt. G-I   06.10.2017   Head Office
      Kumari





        Bittu                                Unit-1
54                 Clerk      06.10.2017                     16.02.2018
      Kumar                                 Taradevi
        Hem
55               Chowkidar    13.10.2017    Rural Unit
      Chand
                                              D/W





56   Leela Ram      mali      23.11.2017
                                            Taradevi
      Virender                               Unit-1
57                 Driver     25.11.2017
       Kumar                                Taradevi
      Dev Raj       Sub
58                            08.12.2017   Head Office
      Thakur     Inspectro

      Dharam                                 Unit-1

59                Driver      13.12.2017
         Pal                                Taradevi
60   Sohan lal     Fitter     14.12.2017     Unit-1
                                            Taradevi
                                             Unit-1
61   Sagar pal     Driver     16.01.2018                     01.12.2018
                                            Taradevi



      Baldev                                 Unit-1
62                Driver      24.01.2018
      Singh                                 Taradevi
                                                                        18.07.2019




                                                                             ,
      Santosh                                Unit-1
63               Conductor    29.01.2018                     05.12.2018 21.11.2019
      Kumar                                 Taradevi
                                                                             &





                                                                        21.12.2019





                                             ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP
 64   Madan Lal      Driver      02.04.2018     D.M Office        16.03.2020
                                                  D/W
65   Tripta Devi    Supdt.      02.04.2018
                                                Taradevi
                                                 Unit-1
66   Khub Ram       Driver      15.04.2018
                                                Taradevi
      Keshav                                     Unit-1
67                 Conductor    01.05.2018
       Ram                                      Taradevi
      Manbir       Instructor                     D/W
68                              10.05.2018




                                                                    .
      Singh           Dvr.                      Taradevi





      Rash Pal                                    D/W
69                  Driver      22.05.2018
       Singh                                    Taradevi





       Ravi                      26.05.2018      Unit-1
70                 Conductor
      Verma                      &30.5.2018     Taradevi
                                21.07.2018 &
71     Raju        Sweeper                     Head Office       18.12.2019
                                 13.09.2019
     Mahinder                                     D/W





72                 Conductor    27.07.2018
      Kumar                                     Taradevi
73    Rajesh         D.M.       05.09.2018     Head Office       15.11.2018
     Chauhan                       r

      Keshva                                      D/W
74                  Driver      12.09.2018                       01.12.2018
       Ram                                      Taradevi


      Sandeep                                    Unit-1
75                 Conductor    22.09.2018
      Sharma                                    Taradevi

      Daljeet                                  Head Office




76                   DM         27.12.2018
      Singh






                                                 ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP
                                                Unit-1
      Rajesh                   28.03.2019                      18.12.2019
77               Electrician                  Taradevi
      Kumar



                                                D/W
       Vikram      Driver      17.04.2019
78                                            Taradevi
     Singh 2nd




                                                                  .

      Ramesh                                    D/W
                  Driver       17.05.2019
79   Chand 2nd                                Taradevi





      Joginder                                  D/W
80                 Driver      29.06.2019
       Singh                                  Taradevi

       Ram                                     Unit-1
81                Driver       09.07.2019
      Kishan                                  Taradevi


                                  r     to                      Allotted
                                                                   on
                                                               14.08.202
                                                                  0 but

       Man                                                     allotment
82                Driver       05.08.2019    Local Unit
      Singh                                                       order
                                                               withdraw
                                                                  n on
                                                               22.08.202


                                                                    0
                               18.09.2017,      D/W
83   Tilak Raj     Driver
                               09.08.2019     Taradevi




     Bhuteshwa                                  D/W
84                Driver       29.08.2019
       r Dutt                                 Taradevi
                                               Unit-1





85   Hem Raj       Driver      23.09.2019                      16.03.2020
                                              Taradevi





                                               ::: Downloaded on - 09/10/2020 20:18:14 :::HCHP
                                 15.10.2019,
86   Pyare Lal      Driver                     Local Unit
                                22.10.2019
                                                  D/W
87   Desh Raj      Driver       18.12.2019
                                                Taradevi

                     Dy.
       Pawan      Divisional                      D/W
88                              01.02.2020                       16.03.2020
       Kumar      Manager                       Taradevi
                   (Tech.)




                                                                    .
                                                 Unit-1





89   Gian Singh     Driver      03.02.2020
                                                Taradevi
      Chander                                     D/W
90                Conductor     04.05.2020
      Parkash                                   Taradevi





       Ashok
91                  Driver      22.05.2020    Head Office
       Kumar
      Vivek                                      Unit-1
92                Electrician   17.06.2020
      Mehta                                     Taradevi





       Pawan                                      D/W
93                A.M Stores    20.06.2020
      Kumar                                     Taradevi
       Amar
94                 Driver       22.06.2020    Head Office
       Singh
       Pawan                                      D/W
95                  Driver

                                03.08.2020
      Kumar                                     Taradevi

      Dharam                                     Unit-1
96                  Driver      07.08.2020
        Pal                                     Taradevi



     DA House Allotment,                      Sr. Auditor / Supdt.,
     HRTC, Divisional                         HRTC, Divisional




     Workshop,                                Workshop,

Taradevi, Shimla-10. Taradevi, Shimla-10.

::: Downloaded on - 09/10/2020 20:18:14 :::HCHP