KUNJ BIHARI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner is Inspector (ECC/AB), i.e., clerical cadre presently posted in S.P. Office Mandi, H.P. and now transferred to Shimla and private respondent at his place at Mandi.

(2.) IT is submitted that the petitioner had already served in the tribal area w.e.f. February, 2007 till September, 2011. Thereafter, on promotion, he was posted in S.P. Office Mandi, and now vide impugned transfer order Annexure P2, he again stands transferred to S.P. Office Shimla within a short span of 11 months of his stay at Mandi, whereas as per transfer policy, normal stay is three years.

(3.) IN our opinion, as far as clerical staff is concerned the Home District condition may not be adhered to unless there are some compelling reasons. However, in the instant case by looking at Annexure P2 transfer order, it does not appear to have been routed through the Police Establishment Committee constituted under Section 56 of the H.P Police Act, 2007.