KAMAL JEET GUPTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In the instant petition, petitioner, serving as Superintendent Grade-II in Panchyati Raj Department, Government of Himachal Pradesh, has assailed his impugned transfer order dtd. 25/9/2020 passed by Director Rural Development after considering representation of the petitioner in pursuance to judgment dtd. 1/9/2020 passed by a Division Bench of this High Court in CWP No. 2682 of 2020, titled Kamal Jeet Gupta Vs. State of H.P., whereby after quashing the earlier transfer order dtd. 23/7/2020 of petitioner and respondent No. 3, they were permitted to make representations to the Department to re-consider their transfer after giving them opportunity of hearing with further direction to maintain status quo qua posting of the petitioner and respondent No. 3 till decision by the Department.

(2.) Present petition is second round of litigation. Earlier transfer order dtd. 23/7/2020 was assailed by the petitioner on various grounds, including that he was transferred after short span of 5 months after his joining at present place of posting i.e. Nurpur in February, 2020 in pursuance to his transfer from Kangra to Nurpur vide order dtd. 18/2/2020 issued on his request on medical ground and also that the said transfer order (dtd. 23/7/2020) was issued on the basis of D.O. Note number Secretary-CM-17006/2017-VIP-A-221477, dtd. 20/6/2020 approved at the instance of local MLA, whereby he had recommended transfer of respondent No. 3 vice versa petitioner after condonation of short stay without any administrative or any other justifiable reason. The said transfer was quashed by the Court vide judgment dtd. 1/9/2020 passed in CWP No. 2682 of 2020.

(3.) Director Panchyati Raj after considering representations of petitioner and respondent No. 3, in sequel to order dtd. 1/9/2020 passed by a Division Bench of this Court, has maintained posting of respondent No. 3 at Nurpur, vide order dtd. 25/9/2020, whereas petitioner has been ordered to be transferred to Chamba.