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Himachal Pradesh High Court

Akash Dhiman vs State Of Himachal Pradesh And Others on 2 June, 2020

Bench: Tarlok Singh Chauhan, Jyotsna Rewal Dua

                IN THE HIGH COURT OF HIMACHAL PRADESH,
                              SHIMLA.
                                                                   CWP No. 1509 of 2020




                                                                                   .

                                                                  Decided on: 02.06.2020


                 Akash Dhiman                                                 ...Petitioner.





                                               Versus


            State of Himachal Pradesh and others    ...Respondents.





    ___________________________________________________________________

               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. Vinod Chauhan, Advocate,                    through


                                                  Video Conferencing.

               For the Respondents:               Mr. Ashok Sharma, Advocate General, with
                                                  Mr. Ranjan Sharma, Mr. Vinod Thakur and




                                                  Mr. Vikas Rathore, Additional Advocate
                                                  Generals, through Video Conferencing.





                                                  PROCEEDINGS   CONVENED                       THROUGH
                                                  VIDEO CONFERENCE.





               _________________________________________________________
               Justice Tarlok Singh Chauhan, J.(Oral)

As per the averments made by the petitioner, he is eligible for being transferred after having completed 28 months in the tribal area and was thus entitled to be transferred to anyone of the five stations of his choice.

1

Whether reporters of the local papers may be allowed to see the judgment? yes ::: Downloaded on - 02/06/2020 20:24:42 :::HCHP 2

2. It appears that even though the respondents did consider the case of the petitioner in terms of the transfer .

policy, but since none of the persons posted in those stations has completed the requisite period of three years, therefore, his case could not be considered favourably.

3. In such circumstances, we permit the petitioner to make a fresh representation setting out therein atleast four stations of his choice, so that his case can be considered for posting in anyone of those stations. Let needful be done within one week from today and on receipt of such representation, respondent No.2 shall positively consider the same within two weeks thereafter.

4. The writ petition is disposed of in the aforesaid terms, so also the pending application(s) if any, leaving the parties to bear their own costs.

(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua) 2 nd June, 2020. Judge (GR/KRT) ::: Downloaded on - 02/06/2020 20:24:42 :::HCHP