HEM RAJ Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD

JUDGEMENT

(1.) BY means of the present writ petition, office order dated 18.4.2012 Annexure P-4, whereby the petitioner has been ordered to work in Electrical Section HPSEB Limited Panthaghatti, under Shimla Electrical Sub Division, HPSEB Limited Khalini in the exigency of work has been assailed allegedly being arbitrary, discriminatory, violative of principle of natural justice and result of the revengeful attitude of the 4th respondent.

(2.) THE petitioner initially was working on daily wage basis in respondent-Board. He was brought on work charge establishment vide memorandum dated 2.6.2010 Annexure P-1 and was posted as T-Mate in Electrical Section Parechi under Electrical Sub Division Dhalli, Shimla. He has now been ordered to work in Electrical Section, Panthaghatti, under Shimla Electrical Sub Division, Khalini, Shimla-2 vide order Annexure P-4. Aggrieved thereby, the petitioner has approached this Court on the ground inter alia that his transfer to Panthaghati is the outcome of personal grudge of the 4th respondent with him.

(3.) THE respondents have denied such allegations in the writ petition being wrong and urged that the petitioner has not been transferred but temporarily ordered to work in Electrical Section Panthaghatti, under Shimla Electrical Sub Division, Khalini, in the exigency of work. While admitting that show cause notice Annexure P-2, has been issued against the petitioner and to which he has submitted the reply Annexure P-3, it is denied that he had made an application for sanction of leave in the presence of 3-4 officials. It is rather urged that the petitioner had willfully absented from duty w.e.f. 8.4.2012 to 11.4.2012. It is further contended that the colleague officials of the petitioner in their joint statement Annexure R-3 have stated that no application for sanction of leave was made by the petitioner to the 4th respondent.