Himachal Pradesh High Court
Surender Pal Swaroop vs State Of Himachal Pradesh & Others on 18 February, 2021
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 844 of 2021-E .
Date of Decision : February 18 , 2021 Surender Pal Swaroop ...Petitioner.
Versus State of Himachal Pradesh & others ...Respondents.
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Vacation Judge.
Whether approved for reporting?1 No. For the petitionerr : Mr. Rakesh Kumar Dogra, Advocate.
For the respondent : Mr. Dinesh Thakur & Mr. Nand Lal Thakur, Additional Advocate Generals and Mr. Yudhbir Singh Thakur, Dy.A.G. for respondents/State.
COURT PROCEEDINGS CONVENED THROUGH VIDEO CONFERENCE Per: Vivek Singh Thakur, Vacation Judge. (Oral) Notice. Mr. Dinesh Thakur, learned Additional Advocate General appears and accepts service of notice for all the respondents and seeks time to file reply.
2. The present petition has been filed seeking a direction to the respondents to transfer the petitioner, from the present place of posting to the station of his choice, as stated in para-7 of the petition, on the grounds that the petitioner is posted at the present place of posting since October, 2017 and has thus completed more than 3 years of service at that station, which is 1 Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 19/02/2021 20:15:05 :::HCHP 2a hard/tribal area. It is further submitted by the petitioner that his representation (Annexure P-1) is pending consideration .
before respondent No. 2 since January, 2021.
3. Learned Counsel for the petitioner submits that the petitioner would be content in case the respondent/competent authority is directed to consider and decide the representation of the petitioner for his transfer from the present place of posting to the station of choice, as per the transfer policy, within a time bound manner.
4. In view of the order proposed to be passed hereinafter, no reply/instruction is required to be called from the respondents.
5. In view of the above, present petition is disposed of with a direction to respondent No. 2/competent authority to consider the representation (Annexure P-1) which is pending consideration since January, 2021, on or before 31 st March, 2021, by giving opportunity of hearing to the petitioner, if desired so, by passing a speaking and reasoned order, in accordance with the transfer policy.
6. As the stations of choice mentioned in the petition and in the representation (Annexure P-1) are different and, as a matter of fact, no station of choice has been mentioned in the representation, therefore, the petitioner is granted liberty to file ::: Downloaded on - 19/02/2021 20:15:05 :::HCHP 3 a fresh detailed representation, mentioning the stations of his choice, if so desired, on or before 25 th February, 2021, before .
respondent No. 2 and in case no such fresh representation is made, the case of the petitioner shall be considered by respondent No. 2 on the basis of the representation (Annexure P-
1) already made.
7. Parties may produce the downloaded copy of the order passed by the Court before the Authorities concerned if required and the concerned Authority shall not insist for the certified copy of the order, rather passing of the order can be verified from the web-page of this Court.
Petition stands disposed of in the aforesaid terms.
Pending miscellaneous applications, if any, also stand disposed of accordingly.
(Vivek Singh Thakur), Vacation Judge.
February 18 , 2021 (PK) ::: Downloaded on - 19/02/2021 20:15:05 :::HCHP