Himachal Pradesh High Court
Vishal Kumar vs State Of Himachal Pradesh And Others on 16 October, 2020
Author: Jyotsna Rewal Dua
Bench: Tarlok Singh Chauhan, Jyotsna Rewal Dua
1
HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 3188 of 2020
Reserved on :15.10.2020
.
Date of decision:16.10. 2020
Vishal Kumar ...Petitioner
Versus
State of Himachal Pradesh and others ...Respondents
______________________________________________________
Coram:
Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge
The Hon'ble Ms. Jyotsna Rewal Dua, Judge
Whether approved for reporting1 : NO
For the Petitioner: Mr. Ajit Sharma, Advocate
For the Respondents: Mr. Ashok Sharma, Advocate General,
with Mr. Vinod Thakur, Mr. Vikas
Rathroe, Mr. Shiv Pal Manhans,
Additional Advocate Generals, with Mr.
Bhupinder Thakur, Ms. Seema Sharma
and Mr. Yudhbir Singh Thakur, Deputy
Advocate Generals.
Through Video Conferencing
_____________________________________________________ _
Jyotsna Rewal Dua,J.
Feeling aggrieved against the transfer order dated 22.06.2020 (Annexure P-3) and 14.08.2020 (Annexure P-4), 1 Whether Reporters of local newspaper are permitted to see the judgment ?
::: Downloaded on - 16/10/2020 20:20:11 :::HCHP 2petitioner has preferred the instant writ petition with the following prayer :-
"(a) That the impugned transfer order dated 22.06.2020 (Annexure P-3) & (P-4) .
dated 14.08.2020 may kindly be quashed and set aside and the present applicant be allowed to continue to perform the respective duties at the present place of posting."
2. On 28.03.2020, petitioner, a Deputy Ranger, was transferred from Forest Check Post Kandi to Divisional Office, Parvati Division Shamshi. This was reflected as a temporary deployment. Vide order dated 16.05.2020, i.e. within a span of two months, petitioner was transferred and temporarily deputed in Dhara Block of Jari Forest Range.
Respondent No. 5 was posted at Forest Check Post Garsa (Bhedu Farm) under Hurla Parvati Forest Division. On 22.06.2020, he was transferred and posted in Dhara Block i.e. at the place of posting of the petitioner. On 14.08.2020, petitioner was directed to handover complete charge of Dhara Block to respondent No. 5 and the latter was directed to handover complete charge of Forest Check Post Garsa to the petitioner.
3. Learned counsel for the petitioner submitted that the impugned transfer order has been passed on the basis of a D.O. ::: Downloaded on - 16/10/2020 20:20:11 :::HCHP 3 Note to accommodate respondent No. 5. Repeated transfers of the petitioner by wording them as 'temporary deployment' are neither in public interest nor in tune with transfer Policy. The Government .
instructions issued on 23.07.2020 have also imposed complete ban on transfers. Under these instructions during the ban period, transfers can be ordered only in rarest of rare cases, i.e. only on extreme medical grounds or on administrative exigencies, that too with the prior approval of the Hon'ble Chief Minister through the concerned Minister-in-Charge, in accordance with comprehensive guiding principles dated 10.07.2013.
Respondent No. 5, in his reply, has taken shelter behind his impending retirement on 31.08.2021, hence he submitted that because of his age, his request for posting at Dhara Block was accepted by the official respondents.
Respondents No. 1 to 3 in their reply have stated that petitioner was adjusted in Divisional Office, Parvati Forest Division Shamshi vide order dated 28.03.2020 since the post was to fall vacant due to superannuation of the existing incumbent there on 31.03.2020. This was only a temporary deployment till the petitioner received his regular posting order. Further stand of ::: Downloaded on - 16/10/2020 20:20:11 :::HCHP 4 respondents No. 1 to 3 is that on 16.05.2020, petitioner was deputed to Dhara Block only on temporary basis. Transfer of respondent No. 5 from Forest Check Post Garsa to Dhara Block .
vice the petitioner was ordered on 22.06.2020 with the prior approval of the Competent Authority. On 14.08.2020, petitioner and respondent No. 5 were directed to hand over complete charge of their respective posts to each other, however, in view of the interim order passed by this Court on 26.08.2020, the impugned orders have not been implemented as on date.
4. It appears from the record that petitioner, a Deputy Ranger, under the nomenclature of temporary deployment is being posted from one place to the other without allowing him to settle down. Just because respondent No. 5 is approaching his superannuation will not mean that he can be accommodated at the cost of petitioner causing him undue harassment. Offical respondents did not implement the order dated 22.06.2020 transferring respondent No. 5 to petitioner's place for almost two months. In the interregnum, ban on transfers was imposed vide Annexure P-5 dated 23.07.2020. Almost a month later, on 14.08.2020, respondents directed the petitioner and respondent No. ::: Downloaded on - 16/10/2020 20:20:11 :::HCHP 5 5 to handover/take over complete charge of their respective places of postings as ordered on 22.06.2020. Once the transfer order dated 22.06.2020 had not been implemented, there was no reason for its .
implementation after imposition of ban on transfers. In any case, fact remains that the petitioner is not being allowed to settle down at Dhara Block of Jari Forest Range, where he was transferred on 16.05.2020. There is no reason for his frequent transfer by wording them as 'temporary deployment'.
For the foregoing reasons, we find merit in the instant writ petition and the same is accordingly allowed. The impugned orders, dated 22.06.2020 (Annexure P-3) and 14.08.2020 (Annexure P-4) are quashed and set aside, reserving liberty to respondent No. 4 to approach the Competent Authority for redressal of his grievances, if any. Pending applications, if any, also stand dismissed.
Tarlok Singh Chauhan,
Judge
16th October, 2020 (K) Jyotsna Rewal Dua,
Judge
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