LAWS(HPH)-2023-4-24

ABDUL HAMID Vs. STATE OF HIMACHAL PRADESH

Decided On April 04, 2023
ABDUL HAMID Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Aggrieved against office order dtd. 7/9/2022, Annexure P-1, petitioner has approached this Court for grant of following substantive relief:-

(2.) The grievance of petitioner is that he has been ordered to be transferred without allowing him to complete normal tenure of three years. The transfer of petitioner has been ordered after a period of one year four months only. As per petitioner, previously also, he had been transferred after short spans and every time he had to knock the doors of this Court. It is further submitted that the transfer of the petitioner has been effected on the basis of a D.O. Note and there is neither any public interest nor administrative exigency in his transfer. The impugned action of the respondents has been alleged to be malafide.

(3.) On the other hand, respondents have contested the claim of petitioner by filing reply. It is submitted that petitioner has been transferred from Churah Forest Division to Tundah Wildlife Block, Khajjiar purely on administrative grounds. There is no malafide in transferring the petitioner. There is no D.O. Note, which has triggered the transfer order of the petitioner. No person has been ordered to be posted in Churah Forest Division vice the petitioner.