Himachal Pradesh High Court
Ashmita Kapoor vs State Of H.P. & Ors on 7 July, 2023
Bench: Tarlok Singh Chauhan, Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No. 4347/2023
Decided on: 7.7.2023
Ashmita Kapoor .....Petitioner
Versus
.
State of H.P. & ors. ....Respondents
Coram:
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon'ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1No
For the Petitioner: Mr. S. D. Gill, Advocate.
For the Respondents: Mr. Anup Rattan, A.G. with Mr.
Ramakant Sharma, Ms. Sharmila
r Patial, Addl. A.Gs., Ms. Priyanka
Chauhan, Dy.A.G. & Mr. Rajat
Chauhan, Law Officer.
_____________________________________________________________________
Justice Tarlok Singh Chauhan, Judge (oral)
Aggrieved by the order of transfer, the petitioner has filed the instant petition for grant of the following substantive relief:-
"that the writ in the nature of certiorari may kindly be issued and order of transfer dated 1.7.2023 (Annexure P-1) may very kindly be quashed and set aside in the interest of justice and fair play."
2 A perusal of the record that was produced by the respondent-State pursuant to the directions issued to this effect, would go to reveal that even though the transfer of the petitioner 1 Whether reporters of the local papers may be allowed to see the judgment? Yes.
::: Downloaded on - 12/07/2023 20:35:26 :::CIS 2has been effected on the basis of D.O. note issued by local MLA, however there is no independent application of mind by the administrative authority. Rather there is an expressed dissent that in case the transfer is implemented, working of the project, .
which is at last stage, may suffer. Obviously, in such circumstances, the impugned transfer order cannot sustain and the same is accordingly quashed and set aside.
3 The instant petition is disposed of, in the aforesaid terms, so also the pending application(s), if any.
r (Tarlok Singh Chauhan)
Judge
(Satyen Vaidya)
7.7.2023 Judge
(pankaj)
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