Himachal Pradesh High Court

CWP/8246/2021 on 30 December 2021

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

ON THE 30th DAY OF DECEMBER, 2021

BEFORE

HON'BLE MS. JUSTICE SABINA, JUDGE

&

HON’BLE MR. JUSTICE SATYEN VAIDYA, JUDGE

CIVIL WRIT PETITION No . 8246 of 2021

BETWEEN:

MR. VIJAY SINGH, SON OF MR. HAKIM SINGH, AGED 38 YEARS, RESIDENT OF VPO SOLDHA, TEHSIL JAWALI, DISTRICT KANGRA, H.P.

PRESENTLY UNDER TRANSFER TO GSSS AUNDH,

DISTRICT KANGRA, HIMACHAL PRADESH.

……..PETITIONER

( BY SHRI. BALWANT SINGH THAKUR, ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS

PRINCIPAL SECRETARY ( EDUCATION ) TO THE

GOVERNMENT OF HIMACHAL PRADESH, SHIMLA­

2, H.P.

2. THE DIRECTOR HIGHER EDUCATION, SHIMLA­1, HIMACHAL PRADESH.

3. MR. KARAN SINGH FATHER NAME NOT KNOWN

TO PETITIONER, LECT. CHEMISTRY GSSS KOTLA, DISTRICT KANGRA, HIMACHAL PRADESH.

High Court of H.P.

2021:HHC:15544-DB

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.........RESPONDENTS

(BY SHRI. ASHWANI K. SHARMA, ADDITIONAL ADVOCATE

GENERAL FOR R. NO. 1 AND 2.)

This petition coming on for admission before notice this day Hon'ble Mr. Justice Satyen Vaidya, passed the following :-

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ORDER

Aggrieved against the order of transfer, the petitioner has filed the instant petition for grant of following substantive relief:- i. That a writ of certiorari may kindly be issued and impugned transfer order dated 23.12.2021 Annexure P-1, may kindly be quashed and set aside being contrary to law, in the interest of justice.

2. A perusal of the record reveals that the impugned order of transfer has been passed on the basis of recommendation made by a person, who has nothing to do with the working of the administrative department of the petitioner and is rather an extra constitutional authority. Further, on the basis of aforesaid recommendation, U.O. Note has been issued accepting such recommendation and as a result thereof the impugned order of transfer has been issued without independent application of mind by the administrative authority. High Court of H.P. 2021:HHC:15544-DB ::: Downloaded on - 01/11/2026 15:06:41 :::CIS

3. In such circumstances, the order of transfer can not sustain in view of the decision rendered by Co-ordinate Bench of this Court in CWP No. 2862 of 2021, titled as Vipender Kalta Vs. State of H.P. & others, decided on 20.07.2021 and CWP No. 2621 of 2020, titled as Lekh Raj Vs. State of Himachal Pradesh & others, decided on 17.08.2020.

4. Accordingly, the instant petition is allowed and the impugned transfer order dated 23.12.2021 (Annexure P-1) is quashed and set-aside. However, since the petitioner has completed his normal tenure of service at the present place of posting, therefore, this order shall not come in the way of official respondents in case they still want to transfer the petitioner, however, such transfer shall be strictly in accordance with the Comprehensive Guiding Principles, 2013. The instant petition is disposed of in the aforesaid terms, so also the pending miscellaneous application(s), if any, ( Sabina)

Judge ( Satyen Vaidya ) Judge December 30, 2021 (sushma) High Court of H.P. 2021:HHC:15544-DB ::: Downloaded on - 01/11/2026 15:06:41 :::CIS

High Court of H.P. 2021:HHC:15544-DB ::: Downloaded on - 01/11/2026 15:06:41 :::CIS

High Court of H.P. 2021:HHC:15544-DB ::: Downloaded on - 01/11/2026 15:06:41 :::CIS

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