LAWS(HPH)-2011-7-8

SANJAY KUMAR Vs. C.E.O. -CUM - SECRETARY

Decided On July 20, 2011
SANJAY KUMAR Appellant
V/S
CEO-CUM SECRETARY, HIMUDA AND ORS Respondents

JUDGEMENT

(1.) By means of this petition, the Petitioner has challenged the order dated 24th June, 2010, whereby he has been transferred from HIMUDA Sub Division, Dharamshala to HIMUDA Sub Division, Palampur.

(2.) This Court in CWP No. 2844 of 2010, titled as Pratap Singh Chauhan v. State of H.P. and Ors. decided on 18th June, 2011, has dealt in detail with the question as to the scope of judicial interference in the administrative matters. It would be pertinent to quote the following observations:

(3.) In the instant case, a perusal of the record shows that a proposal for transfers was put up on 28th May, 2010, which led to the order dated 29th May, 2010, whereby Respondent No. 3 H.L. Dhiman was transferred from Dharamshala to Baddi. On 31st May, 2010, a note was received, whereby the Hon'ble Transport and Housing Minister, who is also Chairman of Himuda, directed that Shri Naresh Kumar Sharma, Additional Assistant Engineer at Solan, be transferred to Sub Division, Kullu, against vacant post. Thereafter, Respondent No. 3 H.L. Dhiman had to replace Shri Naresh Kumar at Baddi. It appears that Shri Naresh Kumar Sharma may have made a representation, but this representation is not on the file of the CEO-cum-Secretary and may have been directly sent to the Hon'ble Minister. On the request of Shri Naresh Kumar Sharma he was transferred to Kullu and the Petitioner, who was at Kullu, was then transferred to Dharamshala. Orders in this behalf were issued on 31st May, 2010. It is not disputed that the Petitioner joined at Dharamshala.