SANT RAM PANT Vs. STATE OF H.P.

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has challenged the order dated 1.1.2009 whereby the transfer order of respondent No.3 has been modified and he has been adjusted at Hamirpur vice petitioner and the petitioner has been posted to Mehla (Chamba).

(2.) BRIEFLY stated the facts of the case are that the petitioner as well as the respondent No.3 are employees of the State of Himachal Pradesh and they are both working as Agricultural Development Officers in the State of Himachal Pradesh. The respondent No.3 was promoted as Agricultural Development Officer and on promotion was posted to Mehla (Chamba). It appears that respondent No.3 was not happy with this transfer and approached the office of the Honble Chief Minister to the State of Himachal Pradesh. Consequently, the order of his transfer was cancelled vide impugned order dated 1.1.2009 and he was ordered to be adjusted in the Quality Control Laboratory, Hamirpur against which post the petitioner was working. Resultantly, the petitioner was transferred from ADO, Quality Control Laboratory, Hamipur to Development Block, Mehla (Chamba).

(3.) ON 22nd June, 2009 we had directed the State to produce the record to show as to what necessitated the cancellation of the transfer of respondent No.3 to Mehla and his transfer to Hamipur. On 27th June, 2009 some record was produced and we had passed the following order: - The only record produced beforeus to justify the cancellation of transfer of respondent No.3 is somenote sent by the Deputy Secretary to Honble the Chief Minister on 29th December, 2008. There is nothing onrecord to show that on what basis this note was issued. The State is directed to produce the entire recordin this regard. List on 6th August,2009. The respondent No.3 may engagea counsel and may file reply on orbefore the said date. -