LAWS(HPH)-2022-5-46

TEJ SINGH Vs. STATE OF HIMACHAL PRADESH

Decided On May 27, 2022
TEJ SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) . Aggrieved by the order of transfer, the petitioner has filed the instant petition.

(2.) The record reveals that the transfer of the petitioner is solely on the basis of D.O. Note No.382912 issued by the local MLA, whereby he has recommended the transfer of the petitioner outside district Chamba. Obviously, in such circumstances the order of transfer cannot sustain. After all, call for the transfer has to be taken by the administrative department and not by the local politician even if such politician belongs to the area in question.

(3.) Reference in this regard can be made by this Court in CWP No.5751/2021, titled Pomila Vs State of H.P. & Ors. decided on 8/10/2021. Relevant portion of the order reads as under:-