DEEPAK SHARMA Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) Feeling aggrieved by the order dated 08.03.2019 issued by the Special Secretary, Home to Government of Haryana, Jail Department, transferring the petitioner from District Jail, Faridabad to District Jail, Palwal vice respondent No.3, the petitioner approached this Court by filing the present petition under Article 226 of the Constitution.

(2.) The petition dated 12.03.2019 was filed on the next day i.e. 13.03.2019, which was listed for motion hearing on 14.03.2019. While issuing notice of motion, an order was passed by this Court staying the operation of the impugned order dated 08.03.2019 qua the petitioner. It was argued that petitioner had been transferred four times within a short span of two years and the present transfer of the petitioner from Faridabad to Palwal is against the transfer policy and instructions issued by the Election Commission while clamping the election code of conduct on 11.03.2019 during General Elections.

(3.) Upon notice, respondent No.3 has entered appearance to contest the petition stating that he had dutifully complied with the transfer order and assumed the charge of Superintendent of Prison, District Prison, Faridabad on 11.03.2019 (Afternoon). The charge report dated 11.03.2019 is at Annex R-3/1 on pp.47 of the paper-book.