PARAS RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) Learned Counsel for the parties submitted that looking to the controversy involved in this writ petition, it may be disposed of at the threshold. Keeping in view this submission as also the limited controversy involved in this writ, it was admitted and then finally heard.

(2.) Petitioner filed Original Application on 12.9.2002 in the H.P. Administrative Tribunal. He challenged the order contained in Annexure P-2, dated 30.10.2001. He prayed for quashing his transfer, ordered vide this Annexure. This OA came up for consideration before the Tribunal and vide its order dated 17.12.2004, the same was dismissed.

(3.) At the time of hearing of this petition, learned Counsel for the Petitioner urged that accepting everything for the sake of argument, but without conceding, that the impugned order of transfer from Government Senior Secondary School, Parwanoo to Government Senior Secondary School, Korag, District Sirmaur and for that matter to any other place on the showing of the Respondents is punitive in nature and its character. Therefore, it cannot be sustained in the eyes of law. Further according to him, this is a clear cut case of colourable exercise of power to transfer the Petitioner under the guise of its being in public interest. In this behalf, reliance was placed by Shri Sharma on Annexure P-4, copy of the reply filed by the Respondents during the course of proceedings before the Administrative Tribunal.