LAWS(HPH)-2021-12-74

VIJAY SINGH Vs. STATE OF HIMACHAL PRADESH

Decided On December 30, 2021
VIJAY SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Aggrieved against the order of transfer, the petitioner has filed the instant petition for grant of following substantive relief:-

(2.) A perusal of the record reveals that the impugned order of transfer has been passed on the basis of recommendation made by a person, who has nothing to do with the working of the administrative department of the petitioner and is rather an extra constitutional authority. Further, on the basis of aforesaid recommendation, U.O. Note has been issued accepting such recommendation and as a result thereof the impugned order of transfer has been issued without independent application of mind by the administrative authority.

(3.) In such circumstances, the order of transfer can not sustain in view of the decision rendered by Co-ordinate Bench of this Court in CWP No. 2862 of 2021, titled as Vipender Kalta Vs. State of H.P. & others, decided on 20/7/2021 and CWP No. 2621 of 2020, titled as Lekh Raj Vs. State of Himachal Pradesh & others, decided on 17/8/2020.