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Himachal Pradesh High Court

Khem Chand Sharma vs State Of H.P And Ors on 17 July, 2020

Bench: Sureshwar Thakur, Chander Bhusan Barowalia

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2440 of 2020.

Date of Decision: 17th July, 2020.

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           Khem Chand Sharma                                           .....Petitioner.





                                             Versus

           State of H.P and ors.                                       ......Respondents.
           Coram

The Hon'ble Mr. Justice Sureshwar Thakur, Judge. The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.

Whether approved for reporting?1 For the petitioner: Mr. Yogesh Kumar Chandel, Advocate. For the respondents: Mr. Hemant Vaid, Addl. AG with Mr. Vikrant Chandel, Deputy Advocate General, for respondents No.1 and 2.

Sureshwar Thakur, Judge (oral).

Heard. Since the writ petitioner prays for a writ of mandamus being directed against the respondents concerned, for his being posted at a particular place, thereupon, the afore writ cannot be granted, at this stage, as this Court lacks jurisdiction, to order to any public servant or public official, being posted at any particular place of his/her choice, especially given the afore power being vested in the executive. However, after the exercise of the apposite discretion by the executive, hence to, post a public official or a public servant at a particular place, the aggrieved thereagainst, do hold, a, right to approach the Court, and, pray for, the executives' decision being judicially reviewed by the writ court. In the afore background the 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

extant writ petition is premature, as the apposite discretion, hence, has yet remained unexercised by the respondents concerned, and, as such it is dismissed, as, being not maintainable. However, the writ .

petitioner is at liberty to make a representation to the respondent concerned, for his being posted at a place of his choice, and, upon, the afore representation being made by the petitioner, the respondent concerned, shall decide it, within four weeks from its receipt, and, after affording an opportunity of personal hearing, to, the petitioner. Till then the respondents are directed to maintain status quo qua the place of posting of the petitioner. All pending applications stand disposed of.

Copy dasti.

(Sureshwar Thakur) Judge (Chander Bhusan Barowalia) 17th July, 2020. Judge (CS/raman) ::: Downloaded on - 18/07/2020 20:21:21 :::HCHP