Himachal Pradesh High Court
Jagdish Chand Sharma vs State Of Hp And Others on 13 August, 2018
Bench: Sanjay Karol, Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .
CWP No. 1247 of 2018 Decided on: 13.08.2018 Jagdish Chand Sharma ......Petitioner.
Versus State of HP and others ......Respondents.
Coram The Hon'ble Mr. Justice Sanjay Karol, Acting Chief justice. The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting? No. For the petitioner: Mr. Suneel Awasthi, Advocate. For the respondents: Mr. Ashok Sharma, Advocate General with Mr. Ajay Vaidya, Sr. Additional Advocate General, Mr. Adarsh Sharma, Ms. Rita Goswami and Mr. Nand Lal Thakur, Additional Advocate Generals, for the respondentsState.
Mr. Sanjay Sharma, Advocate, for respondent No.4.
Sanjay Karol Acting Chief Justice. (Oral) Petitioner, by the medium of this petition, has prayed mainly for the following reliefs.
"(i) Writ in the nature of certiorari may kindly be issued and order dated 18.4.2018 passed by Hon'ble Tribunal declining to interfere with the transfer order dated 12.3.2018 may kindly be set aside in the interest of justice.::: Downloaded on - 14/08/2018 22:59:47 :::HCHP 2
(ii) Writ in the nature of certiorari may kindly be issued and order dated 24.3.2018, i.e., Annexure A5, whereby the representation of the applicant to cancel the transfer order dated 12.3.2018 whereby the .
applicant was transferred from Government Senior Secondary School Oachhgat (Solan) to Government senior secondary School Domehar (Arki) Solan is rejected by the respondent No.1, may kindly be quashed and set aside in the interest of justice.
(iii) That the order dated 12.3.2018 i.e. (Annexure A2), whereby the petitioner has been transferred from Government Senior Secondary School Oachhgat (Solan) to Government senior Secondary School Domehar (Solan) may kindly be quashed and set aside in the interest of justice."
2. We have perused the record of transfer so produced in the Court today, in terms of order dated 2.7.2018. We find the transfer order dated 12.3.2018 (Annexure P2) solely based on D.O Note dated 2.2.2018, that of the Private Secretary to the Hon'ble Education Minister, desiring Sh. Chander Mohan (private respondent No.4) to be transferred from Government Senior Secondary School Domehar Arki) Solan to Government Senior Secondary School Oachhgat (Solan) vice Shri Jagdish Chand petitioner herein.
::: Downloaded on - 14/08/2018 22:59:47 :::HCHP 33. We do not find the file recording any administrative exigency in issuing the said order. Also there .
is no element of public interest emanating from the record.
4. In this backdrop, we find the the impugned order dated 12.3.2018 (Annexure P2) and order dated 18.4.2018 passed by the HP State Administrative Tribunal in O.A No. 1949 of 2018, titled Jagdish Chand Sharma versus State of HP and others, (Annexure P5) unsustainable, keeping in view the decision rendered by this Court in Sanjay Kumar versus State of HP and others reported in 2013 (3) Shimla Law Cases 1373. As such, the impugned order dated 12.3.2018 (Annexure P2), order dated 25.3.2018 (Annexure P4) and order dated 18.4.2018 (Annexure P5) are quashed and set aside.
5. Ms. Rita Goswami, learned Additional Advocate General stated at the Bar that petitioner has always remained posted in and around District Solan, perhaps his home town.
::: Downloaded on - 14/08/2018 22:59:47 :::HCHP 46. Well, we do not offer any comment thereupon, save and except, it is always open for the State to take such .
action as may be found fit and necessary, in the facts and circumstances of the case.
7. With the aforesaid observations petition stands disposed of alongwith pending applications, if any.
Dasti copy.
r to (Sanjay Karol),
Acting Chief Justice
(Ajay Mohan Goel)
August 13, 2018 Judge.
(cm Thakur )
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