CHANDER SHEKHAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE challenge herein is to the order dated 30.3.2013, Annexure -P6, whereby the petitioner has been ordered to be transferred from the office of the Executive Engineer, HP PWD Division, Ghumarwin, District Bilaspur (Sub Division, Ghumarwin), to HP PWD Division, Dodra Kwar in District Shimla. The impugned order has been sought to be quashed and set aside on the grounds inter alia that the petitioner was ordered to be transferred to the present place of posting vide order dated 14.3.2013, Annexure P -2 on the representation dated 23.2.2013 Annexure P -1 made by his mother to the Chief Minister, Himachal Pradesh. Consequently, he stands relieved from his previous place of posting i.e. HP PWD, 10th Circle, Bilaspur vide office order Annexure P -3 on 14.3.2013 and resumed his duties on that very day vide joining report Annexure P -4. The Assistant Engineer concerned even vide letter dated 14.3.2013, Annexure P -5 informed the Authorities qua the petitioner having reported for duties at the transferred station. His transfer after about 20 days of his reporting for duties at his present place of posting to Dodra Kawar vide Annexure -P6, has been stated to be violative of the Transfer Policy and being also the result of malafide exercise of power. On 2.5.2013, following order came to be passed in this writ petition:

(2.) ON the next date i.e. on 7.5.2013, the learned Additional Advocate General has placed on record letter No. PWLC -CWP -2616/2013/Chander Shekhar, Sr. Asstt./1910, dated 6.5.2013, of Deputy District Attorney, HP PWD, Shimla, enclosing thereby another office order dated 3.5.2013, whereby pending disposal of this writ petition before this Court, one Shri Roop Lal, Sr. Assistant, under transfer from 8th Circle to HP PWD, 10th Circle, HP PWD, Bilaspur, has been adjusted in HP PWD Sub Division, Ghumarwin, from where the petitioner has been ordered to be transferred to Dodra Kwar and the subject matter of dispute in this writ petition. On going through the contents of the letter and also the subsequent development that pending disposal of this writ petition in this Court, the second respondent has transferred and posted Shri Roop Lal aforesaid at the place of the petitioner, the impugned order Annexure P -6 and also the order dated 3.5.2013, whereby said Shri Roop Lal was adjusted at the place of the petitioner, were ordered to be stayed. The order passed on 7.5.2013 reads as follows: - -

(3.) IN view of the written instructions placed on record alone by learned Additional Advocate General, on the previous date, we propose to dispose of this writ petition on the basis of the instructions so placed on record because the transfer of the petitioner vide impugned order dated 30.3.2013 Annexure P -6 from Ghumarwin to Dodra Kawar in District Shimla, has been ordered on the basis of some approval received from the Office of the Chief Minister, Himachal Pradesh. The contents of this communication further reveal that the approval, as received in the Office of second respondent was qua the transfer of the petitioner to a place out of District Bilaspur. In these circumstances, the transfer of the petitioner vide impugned order Annexure P -6 to Dodra Kawar, is in the exigency of service or in the larger public interest seems to be highly doubtful. The petitioner rather seems to have been transferred to Dodra Kawar for some other consideration and may be with malafide intention to the reasons best known to the respondents.