KIKKAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER Kikkar Singh Rana was transferred from Kotla Sub Division under Jawali Division to Dhaliara section under Dehra Division vide order dated 9.5.2011 (Annexure P-1). This order was on the request of the petitioner. Within a short span of five months, he was transferred from Pragpur Sub Division (Section Dhaliara) under Dehra Division to Sub Division Lunj under Kangra Division, vice private respondent Ashwani Kumar vide order dated 31.10.2011 (Annexure P-2). Order itself reveals that this order was on the request of the private respondent. On 23.11.2011, the operation of the impugned order was stayed.

(2.) CHALLENGE to the impugned order is on two grounds;

(3.) JUSTIFYING the order of transfer, respondents have explained that immediately after passing of order dated 9.5.2011 (Annexure P-1), a communication, based on the complaint, was received in the office of the Engineer-in-Chief, HP PWD from the office of Hon'ble Chief Minister, to the effect that petitioner was in fact posted in his home Panchayat. This is contrary to the policy framed by the State. Since Annexure P-1 was in violation of the policy, earlier order of transfer was modified and as such resultant impugned order was passed. Respondent-State has also explained the circumstances under which private respondent Ashwani Kumar Sharma was accommodated at Pragpur Sub Division (Section Dhaliara) under Dehra Division. The same was pursuant to the judgment passed by this Court in CWP (T) No.15799/08, titled as Rajesh Kumar vs. State of H.P. Now all these facts were not brought to the notice of the Court at the time of filing of the present petition. Hence, in my considered view, the petition only merits rejection. Ordered accordingly and interim order dated 23.11.2011 is vacated with a direction to the petitioner to join the place of his posting in terms of transfer order, within a period of 15 days, failing which he shall be deemed to be relieved from the original place of his posting.