Islam Mohd vs State Of H.P. And Others on 11 February, 2021

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Himachal Pradesh High Court

Islam Mohd vs State Of H.P. And Others on 11 February, 2021

Bench: Jyotsna Rewal Dua

         IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                                            CWP No. 684 of 2021
                                            Decided on: 11th February, 2021




                                                                             .
    ________________________________________________________





    Islam Mohd.                          ....Petitioner

                                       Versus





    State of H.P. and others.                 ...Respondents
    ________________________________________________________
    Coram





    The Hon'ble Mr. Justice Jyotsna Rewal Dua, Vacation
    Judge.

    1 Whether approved for reporting?

    ________________________________________________________

    For the petitioner:     Mr.Tarun K. Sharma, Advocate.
    For the respondent:                    Mr. Raju Ram Rahi, Dy. Advocate
                                           General.


                                           Through Video Conferencing

    Jyotsna Rewal Dua, Judge (Oral)

Heard learned counsel for the parties and perused the record of transfer produced today by Shri Raju Ram Rahi, learned Deputy Advocate General.

2. The petitioner while working as Primary Assistant Teacher was regularized and posted as Junior Basic Teacher in Govt. Primary School Palhori-1, District Sirmour vide order dated 19.08.2020. Six months later, on 1.2.2021 1 Whether reporters of Local Papers may be allowed to see the judgment?

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the petitioner was transferred to GPS Jakhal in condonation of his short stay at GPS Palhor-1. This order has been .

impugned in the instant writ petition on the ground that it is only on account of political interference and on the basis of a D.O. Note that the petitioner has been ordered to be transferred in condonation of his short stay at the present place of posting. No one else has been posted in his place.

3. The record relating to the transfer of the petitioner produced today reveals that the proposal of the transfer of the petitioner originated from the office of Hon'ble the Chief Minister. The petitioner was proposed to be transferred out of Nahan constituency in public interest in relaxation of ban on transfers. The proposal was mechanically accepted by the department without application of any independent mind.

Such an exercise has been deprecated by a Division Bench of this Court in Sanjay Kumar vs. State of H.P. and Ors. Latest HLJ 2013 (HP) 1051.

4. Since the transfer of the petitioner has been mechanically ordered by the department without any independent application of mind by the concerned authority, therefore, the impugned transfer order qua the petitioner is ::: Downloaded on - 12/02/2021 20:15:04 :::HCHP -3- quashed and set-aside reserving liberty to the respondents to consider the case of transfer of the petitioner afresh, if .

required, in accordance with law as per the applicable guidelines.

This petition is disposed of accordingly in the aforesaid terms alongwith all pending applications.





    11 February, 2021
         (TM)
                     r       to         (Jyotsna Rewal Dua )
                                           Vacation Judge









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