Himachal Pradesh High Court
Baag vs State Of H.P. And Others on 2 June, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 2nd DAY OF JUNE, 2022.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
CIVIL WRIT PETITION No.3194 of 2022.
Between:-
RAJNI DEVI, W/O SH. CHURAMANI SAKLANI,
RESIDENT OF HOUSE NO. 148, HANUMANI
BAAG, DHALPUR, DISTRICT KULLU,
HIMACHAL PRADESH.
......PETITIONER.
(BY SH. SURENDER SHARMA, ADVOCATE)
AND
1. HIMACHAL PRADESH STATE ELECTRICITY
BOARD LIMITED, THROUGH ITS EXECUTIVE
DIRECTOR (PERSONNEL), VIDYUT BHAWAN,
SHIMLA-171004.
2. THE SENIOR EXECUTIVE ENGINEER,
ARBITRATION & MAINTENANCE DIVISION,
HPSEB LIMITED THALAUT, DISTRICT KULLU,
HIMACHAL PRADESH.
3. THE RESIDENT ENGINEER, LARJI POWER
HOUSE DIVISION, THALAUT, DISTRICT KULLU,
HIMACHAL PRADESH.
4. SMT. YASHODA DEVI, W/O SH. PREM RAJ,
RESIDENT OF VILLAGE PANAU, POST OFFICE
AUT, DISTRICT MANDI, HIMACHAL PRADESH.
......RESPONDENTS.
(MS. RUMA KAUSHIK, ADVOCATE, FOR
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2
RESPONDENTS-1 TO 3)
(SH. G.R. PALSRA, ADVOCATE,
.
FOR RESPONDENT-4)
(SH. ASHOK SHARMA, ADVOCATE GENERAL
WITH SH. RAJINDER DOGRA, SENIOR ADDITIONAL
ADVOCATE GENERAL, SH. VINOD THAKUR,
SH. SHIV PAL MANHANS, ADDITIONAL ADVOCATE
GENERALS, SH. YUDHBIR SINGH THAKUR,
DEPUTY ADVOCATE GENERAL AND
SH. RAJAT CHAUHAN, LAW OFFICER,
FOR THE RESPONDENT-STATE)
This petition coming on for admission before
notice this day, Hon'ble Mr. Justice Tarlok Singh
Chauhan, passed the following:
ORDER
Aggrieved by the order of transfer, the petitioner has filed the instant petition for grant of the following substantive reliefs:-
"(i) That the impugned Annexure P1, dated 13.05.2022, issued by respondent No.1, may kindly be quashed and set aside;
(ii) That respondents No. 1 to 3 may kindly be directed to permit the petitioner to discharge her duties as Suptd. Grade-II at Arbitration & Maintenance Division, HPSEBL Thalaut, till the completion of her normal tenure, or in the alternative;
(iii) The respondent-Board may kindly be directed to consider the case of the petitioner for adjustment/posting against the likely vacancy of Superintendent Grade-II at Electrical Division, ::: Downloaded on - 02/06/2022 20:05:09 :::CIS 3 HPSEBL Kullu, which is likely to occur on 31.05.2022."
.
2. A perusal of the records that was produced pursuant to the directions given by this Court would go to reveal that the transfer in question has been effected solely on the basis of the D.O. Note that too issued by a person having no concern whatsoever with the working of the administrative department of the petitioner.
3. Obviously, in such circumstances, the order of transfer cannot sustain in view of the judgment rendered by this Court in CWP No.2862 of 2021 titled Vipender Kalta vs. State of H.P. and others, decided on 20.07.2021.
4. Consequently, the instant writ petition is allowed and the impugned transfer order dated 13.05.2022 (Annexure P-1) is quashed and set aside, leaving the parties to bear their own costs.
5. Pending application, if any, also stands disposed of.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge 2nd June, 2022.
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