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2013 Supreme(HP) 729

A.M.KHANWILKAR, KULDIP SINGH
Ashok Kumar Attri – Appellant
Versus
Himachal Pradesh Power Corporation Limited – Respondent


Advocates Appeared:
For the Petitioner:Mr. Neel Kamal Sood, Advocate.
For the Respondents:Mr. Ajay Mohan Goel Advocate, for respondent No.1
Mr. Rajpal Thakur, Advocate, for respondent No.2.
Mr. Bhuvnesh Sharma, Advocate, for respondent No.3.

JUDGMENT

A.M. Khanwilkar, J. (Oral)

Heard counsel for the parties. As short question is involved, petition is taken up for final disposal forthwith, by consent.

2. The controversy brought before us emanates from the transfer order passed against the petitioner, who was working as Senior Manager at Sarabai in District Kullu and in his place, private respondent No.3 has been posted under the same orders. The grievance of the petitioner is primarily two fold. Firstly, that the petitioner was about to attain the age of superannuation in January, 2015 and as per the extant transfer policy, such employee should be posted at a convenient place. The second grievance of the petitioner is that respondent No.3 has been posted at Sarabai, District Kullu, by transferring the petitioner at the behest of the office of Chief Minister. According to the petitioner, respondent No.1 should not have acted on the basis of such D.O. note keeping in mind the observations of this Court in the case of Sanjay Kumar versus State of Himachal Pradesh and others, in CWP No.801 of 2013-A and connected cases, in which the Court has explicitly found that the Corporation, such as respondent No.1, should act independen









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