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Himachal Pradesh High Court

Pan Dei vs The State Of H.P. And Others on 3 April, 2023

Bench: Tarlok Singh Chauhan, Virender Singh

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                          CWP No.771 of 2023.




                                                                        .
                                          Date of decision: 03.04.2023.





    Pan Dei                                                     .....Petitioner.





                                   Versus
    The State of H.P. and others                              .....Respondents.

    Coram





    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.

    The Hon'ble Mr. Justice Virender Singh, Judge.

    Whether approved for reporting?1 No.

    For the Petitioner                :     Mr. Kul Bhushan                   Khajuria,

                                            Advocate.

    For the Respondents               :     Mr. Anup Rattan, Advocate
                                            General with Mr. I.N. Mehta,


                                            Mr. Yashwardhan Chauhan,
                                            Senior Additional Advocate
                                            Generals,   Mr.     Ramakant
                                            Sharma, Additional Advocate




                                            General,    Ms.       Priyanka
                                            Chauhan, Deputy Advocate





                                            General   and     Mr.     Rajat
                                            Chauhan, Law Officer, for
                                            respondent Nos. 1 to 3.





                                            Mr. Tanuj Thakur, Advocate,
                                            for respondent No.4.


    Tarlok Singh Chauhan, Judge (Oral)

Aggrieved by the cancellation order of transfer, the petitioner has filed the instant petition for grant of the following substantive relief:

Whether the reporters of the local papers may be allowed to see the Judgment?Yes ::: Downloaded on - 03/04/2023 20:41:41 :::CIS 2 "That in view of submissions made in the writ petition the writ petition may kindly be allowed and .

the impugned cancellation order dated 23.2.2023 may kindly be quashed and set aside qua the petitioner."

2. A perusal of the records produced by the official-

respondents pursuant to the directions passed by this Court goes to reveal that the transfer of the petitioner has been effected solely on the basis of the recommendations made by an extra constitutional authority. Obviously, such transfer order cannot sustain, more particularly, in view of the reasons as assigned by this Court in Vipender Kalta vs. State of H.P. and others, 2021 (3) SLC 1462.

3. Accordingly, the instant petition is allowed and the cancellation order dated 23.02.2023 qua the petitioner is quashed and set aside.

4. Pending application, if any, also stands disposed of.

(Tarlok Singh Chauhan) Judge (Virender Singh) Judge 3rd April, 2023.

(krt) ::: Downloaded on - 03/04/2023 20:41:41 :::CIS