Himachal Pradesh High Court
Bhawna Devi vs State Of Himachal Pradesh And Others on 13 August, 2020
Bench: Tarlok Singh Chauhan, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA.
CWP No. 762 of 2020
.
Decided on: 13.08.2020
Bhawna Devi ...Petitioner.
Versus
State of Himachal Pradesh and others ...Respondents.
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Coram:
Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting? 1 No
For the Petitioner: Mr. Prem P. Chauhan, Advocate.
For the Respondents: Mr. Ashok Sharma, Advocate General, with
Mr. Ranjan Sharma, Mr. Vinod Thakur,
Addl. A.Gs., and Ms. Svaneel Jaswal, Dy.
A.G., for respondents No.1 to 5.
Nemo for respondent No.6.
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Justice Tarlok Singh Chauhan, J.(Oral)
Record produced by the respondents have been perused.
2. It appears that the petitioner's first posting as TGT (NM) was at Govt. Middle School, Sarahan, under complex GSSS, Tebban, District Mandi.
However, instead of joining there, she procured a D.O. 1 Whether reporters of the local papers may be allowed to see the judgment? yes ::: Downloaded on - 14/08/2020 20:21:08 :::HCHP 2 Note for her adjustment at Govt. Middle School, Koon Tungal, u/c GSSS Kot Tungal, District Mandi.
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3. Not only this, another D.O. Note was thereafter obtained by the petitioner seeking transfer of respondent No.6 to Olwa, which led to his transfer. The respondent No.6 then filed a petition before this Court being CWP No. 498 of 2020 which was disposed of with the following directions:
r "In view of the above grounds, we deem it appropriate to dispose of the writ petition with a direction to the petitioner to make a comprehensive representation before the respondent/competent authority within two weeks from today highlighting therein his grievance, which shall be appropriately considered and decided by the respondents in terms of the transfer policy and in accordance with law, within two weeks, thereafter. Till the time the decision is taken, the impugned order dated 21.01.2020 (Annexure P1) shall remain stayed qua the petitioner. Pending miscellaneous application(s), if any, shall also disposed of."
4. The respondents after taking into consideration the records of the case have rightly ::: Downloaded on - 14/08/2020 20:21:08 :::HCHP 3 cancelled the transfer of respondent No.6 to Olwa. To say the least, the conduct of the petitioner has been .
totally unfair.
5. Moreover, the petitioner has also not approached this Court with clean hands and is, therefore, not entitled to any relief.
6. Consequently, the present petition is dismissed, so also the pending application(s), if any.
(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) 13 August, 2020.
th Judge (GR) ::: Downloaded on - 14/08/2020 20:21:08 :::HCHP