JASBIR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER has mainly prayed for the following reliefs: "(a) That a writ of Certiorari may be issued for quashing and to set aside the impugned transfer order Annexure P 1 dated 26.7.2013 where by the petitioner has been ordered to be transferred from Distt. Treasury Officer Kinnaur District at Reckong Peo to Distt. Treasury Officer, Bilaspur, Distt. Bilaspur, H.P., in the interest of justice and fair play. Whether reporters of Local Papers may be allowed to see the judgment? (b) That writ of Mandamus may be issued directing the respondent to allow the petitioner to perform her . (sic his) duties at the present place of posting i.e. Distt. Treasury Officer Kinnaur Distraict at Reckong Peo."

(2.) PETITIONER , who is working as Sweeper cum Chowkidar in the Treasuries, Accounts and Lotteries Department, Himachal Pradesh was posted at District Treasury Kinnaur, Distt. Kinnaur. In terms of the impugned order of transfer dated 26.7.2013 (Annexure P 1) he now stands transferred from District Treasury Kinnaur, Distt. Kinnaur to District Treasury Bilaspur, District Bilaspur.

(3.) HAVING heard learned counsel for the parties as also perused the record, we are of the considered view that petitioner has made out a case for interference. It cannot be said that the order of transfer is based on administrative exigency, in public interest or reason necessitated for better administration. The Deputy Speaker who happens to be a local M.L.A. has directed that petitioner be shifted out of the district. We cannot countenance a situation where such a direction, in law, can ever be issued by an M.L.A., more so, when there is no grievance or complaint of any nature against the petitioner. The impugned order is definitely not in consonance with the ratio of law laid down by this Court in CWP No. 801 of 2013, titled as Sanjay Kumar vs. State of H.P. and others, alongwith other connected matters, decided on 5.7.2013. In these circumstances, we quash the impugned order of transfer dated 26.7.2013 (Annexure P 1). In view of the aforesaid observations, petition stands disposed of, so also the pending application(s), if any.