Himachal Pradesh High Court
CWP/8696/2014 on 30 December 2015
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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No.8696 of 2014-J
Date of Decision: 30.12.2014
Laiq Ram
………Petitioner.
Versus
State of H.P. & another. …..Respondents.
Coram:
The Hon’ble Mr. Justice Sanjay Karol, Judge. The Hon’ble Mr.Justice P.S. Rana, Judge. Whether approved for reporting?1No.
For the Petitioner: Mr. Lalit Kumar Sharma, Advocate.
For the Respondents: Mr. Shrawan Dogra, AG., with M/s V.S. Chauhan, Addl. AG., and Vikram Thakur, Dy. AG., for the respondents-State.
Sanjay Karol, J (oral)
On 29.12.2014, we have passed the following order:-
Mr. V.S. Chauhan, learned Additional Advocate General has placed on record communication dated 27.12.2014, which reads as under:- “No.HOME(A)E(3)-307/2014
GOVERNMENT OF HIMACHAL PRADESH
DEPARTMENT OF HOME From
The Secretary (Home) to the
Government of Himachal Pradesh To
Ld.Additional Advocate General
Himachal Pradesh, Shimla-171 001
Dated Shimla-2, the 27th December, 2014
1 Whether reporters of the local papers may be allowed to see the judgment?
Subject:-CWP No.8696/2014 – Laiq Ram Vs.
State. Sir,
I am directed to refer to your letter No.CWP 869/2014 dated 17th December, 2014 on the subject indicated above and to say that the record of this Department has been examined and it has been found that no D.O. reference relating to transfer of the Petitioner (Laiq Ram) is available with this Department. It is, therefore, requested that Hon’ble Court may please be apprised please.
Yours faithfully
Sd/-
“No.HOME(A)E(3)-323/2014 dated
27th December, 2014
Copy to the Director General of Police,
Himachal Pradesh, Shimla-2 for
information please.
Sd/-
Controverting the stand taken by the State, petitioner contends that D.O. Note No.181792 dated 29.10.2014 was issued by Shri Harish Janartha, pursuant to which petitioner stands transferred vide impugned order dated 22.11.2014 (Annexure P-4). Let the entire record, including D.O. Note number, as referred to hereinabove, be made available on 30.12.2014.”
2. Today Mr.V.S. Chauhan, learned Additional Advocate General, has placed on record communication dated 29.12.2014, which reads as under:-
“No.HOME(A)E(3)-307/2014
GOVERNMENT OF HIMACHAL PRADESH
DEPARTMENT OF HOME
From
The Secretary (Home) to the
Government of Himachal Pradesh To
Ld. Advocate General
Himachal Pradesh, Shimla-171 001
Dated Shimla-2, the 29th December, 2014 Subject:-CWP No.8696/2014 – Laiq Ram Vs.
State. Sir,
In continuation of this Department’s letter of even number dated 27th December, 2014 on the subject indicated above, it is intimated that record of the Administrative Department’s Branch (Home-A) has been got re-checked and it has been found that no such D.O./U.O. reference relating to transfer of the petitioner (bearing No.181792, dated 29/10/2014) has been received from the office of Hon’ble Chief Minister in this department. As such, there is no record with regard to D.O./U.O. as indicated above is available with this department. It is, therefore, requested to kindly apprise the Hon’ble Court accordingly.
Yours faithfully
Sd/-
3. We see no reason to disbelieve the stand taken by the respondents, more so, in the light of the fact that petitioner has not placed on record any authentic document pertaining to issuance of D.O. Note in question. Be that as it may, record as produced before us, evidently reflects that petitioner himself is recipient of D.O. Note on two different occasions. As such, in equity, we dismiss the present petition.
Pending application(s), if any, also stand disposed of.
(Sanjay Karol),
Judge.
(P.S. Rana), December 30, 2014 Judge.
(Purohit)