CWP/3047/2018 on 31 December 2018

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3047 of 2018-E Date of Decision : December 31 , 2018

Jagdish Chand … Petitioner Versus State of Himachal Pradesh & another …Respondents

Coram:

The Hon’ble Mr. Justice Surya Kant, Chief Justice. The Hon’ble Mr. Justice Ajay Mohan Geol, Judge. Whether approved for reporting?1 For the petitioner :Mr. Rajiv Rai, Advocate. For the respondents :Mr. Ashok Sharma, Advocate General with Mr. Adarsh Sharma, Addl. Advocate General.

Surya Kant, Chief Justice. (Oral) Petitioner is working as an Associate Professor in Physics in the Higher Education Department, Himachal Pradesh. It appears that some so called complaint in public interest was sent against the petitioner to the then Acting Chief Justice, which was forwarded to the Department. The Department, instead of examining the veracity of the allegations, acted mechanically and transferred the 1Whether reporters of Local Papers may be allowed to see the judgment?

petitioner from Government Degree College, Solan, Distt. Solan to Government Degree College, Nerwa, Distt. Shimla. The petitioner challenged that transfer order and eventually in the second round the Tribunal has declined to interfere primarily on the ground that the petitioner has by now completed almost three years tenure at Government Degree College, Solan.

2. In view of the fact that the petitioner has completed the normal tenure at Solan, it appears that the authorities are justified in transferring him to some other Government College keeping in view the transfer policy and the administrative exigency. Petitioner may in this regard represent the competent authority who shall consider his request sympathetically so far as place of posting is concerned. We, however, clarify that the complaint received against the petitioner in the Chief Justice’s Secretariat and which was forwarded to the Department in a routine manner, shall not be taken as an adverse material against the petitioner for any purpose. The petitioner shall make representation within two days and let appropriate order on the same be passed within one week thereafter. Till such time, petitioner may continue at the present place of posting. If the petitioner does not make any representation within the aforesaid period he shall stand relived on 5th of January, 2019.

3. Petition stands disposed of in the above terms, alongwith pending application(s), if any. Dasti Copy.

(Surya Kant), Chief Justice. (Ajay Mohan Goel),

Judge. December 31 , 2018 (PK)