Himachal Pradesh High Court
Vikas Chauhan vs State Of Himachal Pradesh & Ors on 18 November, 2019
Bench: Dharam Chand Chaudhary, Anoop Chitkara
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
.
CWP No. 2554 of 2019
Date of decision: November 18, 2019.
Vikas Chauhan. ......Petitioner.
Versus
State of Himachal Pradesh & ors. .....Respondents.
Coram
The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge.
The Hon'ble Mr. Justice Anoop Chitkara, Judge.
Whether approved for reporting? 1 No.
For the petitioner : Mr. Vikrant Thakur, Advocate.
For the respondents : Mr. Vikas Rathore, Mr. Hemanshu
Mishra, Addl. AGs with Mr. Manoj
Bagga, Asstt. AG for respondents No.
1 to 3.
Dharam Chand Chaudhary, Judge (Oral)
The petitioner is working as PGT/Lecture (Maths) in Government Senior Secondary School, Langna, District Mandi, H.P. He has now been ordered to be transferred to Government Senior Secondary School, Jhakri, District Shimla.
2. The complaint is that his transfer has been ordered on the basis of a D.O. note issued by the local MLA, respondent No. 5 herein. It is keeping in view such averments, following order came to be passed in this writ petition on 26.9.2019: 1
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"Notice. Mr. J.K. Verma, learned Additional Advocate General appears and accepts service .
of notice on behalf of respondents No. 1 to 3.
Dasti notice to respondent No. 4 for
24.10.2019, on filing process fee during the
course of the day. No notice, however, at this stage to respondent No. 5.
posting on In view of the averments that the petitioner has been transferred from the present place of the basis of DO note to accommodate respondent No. 4. The record leading to his transfer be produced in this Court on the next date. List on 5.11.2019. In the meanwhile, status quo as to today qua the transfer of the petitioner shall be maintained."
3. Consequently, learned Additional Advocate General has produced the record. The averments in the writ petition that the petitioner has been transferred on D.O. note find support from the records as it is the office of the Chief Minister who has recommended his transfer from the present place of posting by way of such note. True it is that this Court in Sanjay Kumar vs. State of Himachal Pradesh and Others, 2013(3) Shimla Law Cases 1373 and also Amir Chand vs. State of ::: Downloaded on - 19/11/2019 20:24:03 :::HCHP 3 Himachal Pradesh 2013(2) Him. L.R, 648 , titled Dalip Singh Versus State of H.P. & Others has held that the Chief Minister .
and Ministers/elected representatives may recommend the transfer of an employee, however, the transfer order has ultimately to be issued by the Administrative Head on application of mind and uninfluenced by the recommendations so made by the elected representative. In the case in hand, the competent authority, respondent No. 1 has not examined the desirability of the transfer of the petitioner in terms of the transfer policy and also as to whether his transfer would be in the larger public interest and rather transferred the petitioner from his present place of posting, merely on the basis of recommendations made by political executive. The impugned order, as such, is not legally sustainable. The same is accordingly set aside, leaving it open to the respondents to transfer the petitioner, if required in accordance with law and also the transfer policy.
4. The writ petition is accordingly disposed of, so also the pending application(s), if any.
(Dharam Chand Chaudhary), Judge.
(Anoop Chitkara),
November 18, 2019, Judge.
( vs)
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