DHANI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicant by way of filing this original application under Section 19 of the Administrative Tribunals Act has assailed the impugned order of transfer dated September 6, 2004, Annexure -A/2 mainly on the ground that he has been transferred from his present place of posting at Sundernagar to Bilaspur in less than 14 months of stay. The impugned order is malafide and against the transfer policy as framed by the respondent State.

(2.) The maintainability of original application has been questioned by the respondents by raising a plea that the applicant has not satisfied the pre -requisite of Section 20 of Administrative Tribunals Act (in short the Act) by not availing the remedy available to him.

(3.) On merits it is averred that impugned order has been passed in larger public interest against longer stay of respondent No. 3 who is there for the last more than 14 years. The transfer has been ordered as per transfer policy of the Government as mentioned in Chapter 21.11.(iv) of Hand Book on Personnel Matters Vol. II.