RAM PRAKASH CHAUHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS case was taken up for re -hearing as certain clarifications were required. The petitioner has approached this Court against the order, Annexure P -13, transferring him from State forensic Science Laboratory, Junga to Daroh, District Kangra, H.P. I need not go into the details of the facts of the case for the reasons that the case of the petitioner is admitted that he had foregone his promotion so that he would keep discharging his duties at Junga. Prima facie what is urged by the respondents is that this Court has no jurisdiction to interfere in transfer matters. It is undisputed before me that vide Annexure P -5, the promotion order of the petitioner was cancelled if he wanted to stay at Shimla. Embargo on further promotion for one year was placed vide this order. What I find from the record is that after the lapse of this embargo, the petitioner was promoted but has been transferred in quick succession, firstly retaining him at Junga and thereafter immediately transferring him to Daroh.. What the respondents ignored is the fact that the petitioner has foregone his promotion and in this eventuality it could not be treated as an ordinary transfer. There is no explanation as to why he has been transferred in quick succession, firstly retained at Junga and thereafter transferred to Daroh, District Kangra.

(2.) IN these circumstances, this writ petition is allowed and order Annexure P -13, is quashed and set aside and resultantly the petitioner shall remain at Junga. No order as to costs.