KISHORI LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been filed for the grant of following relief:-

(2.) A perusal of the record reveals that the order of transfer was issued pursuant to the representation accompanied by the recommendation of the local Pradhan. What prevailed upon the competent authority to issue the order of transfer is not the representation made by the respondent but the recommendation accompanied such representation of the local Pradhan. Obviously such transfer cannot be sustained as being influenced and based upon a recommendation of a person who has nothing to do with the administration or the administrative department to which the petitioner belongs.

(3.) Consequently, in view of the decision rendered by this Court in CWP No.2862 of 2021, titled as Vipender Kalta Vs. State of H.P. decided on 20/7/2021, the impugned transfer order dtd. 28/8/2021 (Annexure P-2) is quashed and set aside. However it is noticed that the private respondent has made a representation on account of individual hardship being faced by him, more particularly the medical condition of his father, which prompted him to approach the local Pradhan for the recommendation.