Himachal Pradesh High Court
CWP/3047/2018 of JAGDISH CHAND Vs STATE OF HP on 31 December 2018
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
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 3047 of 2018-E
Jagdish Chand
Date of Decision : December 31 , 2018
… 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 withMr. Adarsh Sharma, Addl. AdvocateGeneral.
Surya Kant, Chief Justice. (Oral)
Petitioner is working as an Associate Professorin Physics in the Higher Education Department, HimachalPradesh. It appears that some so called complaint in publicinterest was sent against the petitioner to the then ActingChief Justice, which was forwarded to the Department. TheDepartment, instead of examining the veracity of theallegations, acted mechanically and transferred the1Whether 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 eventuallyin the second round the Tribunal has declined to interfereprimarily on the ground that the petitioner has by nowcompleted almost three years tenure at GovernmentDegree College, Solan.
2. In view of the fact that the petitioner hascompleted the normal tenure at Solan, it appears that theauthorities are justified in transferring him to some otherGovernment College keeping in view the transfer policy andthe administrative exigency. Petitioner may in this regardrepresent the competent authority who shall consider hisrequest sympathetically so far as place of posting isconcerned. We, however, clarify that the complaint receivedagainst the petitioner in the Chief Justice’s Secretariat andwhich was forwarded to the Department in a routinemanner, shall not be taken as an adverse material againstthe petitioner for any purpose. The petitioner shall makerepresentation within two days and let appropriate order onthe same be passed within one week thereafter. Till such time, petitioner may continue at the present place ofposting. If the petitioner does not make any representationwithin the aforesaid period he shall stand relived on 5[th] ofJanuary, 2019.
3. Petition stands disposed of in the above terms,alongwith pending application(s), if any.
Dasti Copy.
(Surya Kant),
Chief Justice.
December 31 , 2018 (PK)
(Ajay Mohan Goel), Judge.