Himachal Pradesh High Court
Rajesh Verma vs . State Of Hp And Anr. on 16 May, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Rajesh Verma Vs. State of HP and Anr. CWP No. 8104 of 2025 16.05.2025 Present: Mr. Naresh K.Sharma, Advocate, for the petitioner.
Mr. L.N.Sharma, Additional Advocate General with Mr. Rajat Chaudhary, Assistant Advocate General, for respondents No.1 and 2 -State. CWP No.8104 of 2025 & CMP No. 10701/2025 Notice. Mr. L.N.Sharma, Additional Advocate General, appears and waives service of notice on behalf of the respondents.
2. Petitioner is aggrieved against the notification dated 14.05.2025 (Annexure P-5), whereunder, he has been transferred as Superintendent of Police, Compulsory Waiting Officer (CWO) at Police Headquarters, Shimla.
3. The case file shows that petitioner was appointed as Deputy Superintendent of Police (Wireless) on 26.10.1999 through H.P. Public Service Commission in Wireless Organization, stated to be a separate wing of the Police Department. His services were confirmed in the aforesaid Wireless Origination. The petitioner was promoted as Additional Superintendent of Police, Communication & Technical Services (C&TS), H.P. on 14.05.2003 and as Superintendent of Police C&TS on 28.02.2009.
4. It is the case of the petitioner that C&TS is a separate cadre in the H.P. Police Department governed by separate set of Recruitment & Promotion Rules, placed on record as Annexure P-1; Petitioner remained posted as Superintendent of Police, C&TS w.e.f. from 2009 to 2012 at Shimla; As Superintendent/Leave Reserve at PTC Daroh, District Kangra, w.e.f. 2013 to 2018; He was again posted as Superintendent of Police C&TS from March 2018 to December 2022; Petitioner remained in central deputation w.e.f. January 2023 to November 2023 and S.P. Leave Reserve, Shimla from December 2023 to 12.08.2024. On 13.08.2024, petitioner, who was awaiting posting on return from central deputation was posted as Superintendent of Police C&TS Shimla. Few months later, the impugned notification was issued on 14.05.2025, now posting the petitioner as Superintendent of Police (CWO) at Police Headquarters, Shimla.
Petitioner has assailed the aforesaid transfer on the grounds that:- Superintendent of Police (Compulsory Waiting Officer) is not a cadre post as per the R&P Rules for the C&TS, which is a separate cadre. There is only sanctioned post of Superintendent of Police (Wireless) as per the R&P Rules. While issuing impugned notification dated 14.05.2025, respondents have also violated Section 56 of the Police Act, 2007, inasmuch as petitioner has been transferred without there being any proposal of the Police Establishment Committee. Grounds of short stay at present place of posting and non-adherence to the observations made in Cr.WP No.12 of 2024, (Ravina Vs. State of HP) have also been urged.
Taking note of the case set up by the petitioner, more particularly, that the petitioner has been specifically inducted in Wireless Organization of the H.P. Police Department and is liable to be posted in Communication & Technical Services, whereas, he has now been posted as Superintendent of Police, Compulsory Waiting Officer at Police Headquarters Shimla, the petitioner has made out a case for grant of interim relief. Accordingly, notification dated 14.05.2025 (Annexure P-5) is stayed till the next date of hearing.
Reply be filed within three weeks. List thereafter.
Jyotsna Rewal Dua Judge May 16, 2025 (R.Atal)