Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Tarlok Singh Chauhan, Satyen Vaidya, JJ.
Pradeep Kumar S/O Late Amar Sain - Petitioner
Versus
The State Electricity Board Ltd. And Ors. - Respondents
Civil Writ Petition No.2573 of 2021
Decided On : 10-09-2021
Constitution of India, 1950 - Articles 14 and 16 - Post Sr. Assistant at Andhara Power House HPSEBL - Transfer post - Whether order of transfer passed is bonafide or as a measure of punishment - Please to petitioner may be allowed to work as Sr. Assistant at Andhara Power House HPSEBL Chirgaon till final disposal of this writ petition - Petitioner was appointed as a Clerk and Joined as such in the year 1989 in Office of ACT III Chirgaon where he worked till 30th April, 1990 - Thereafter, petitioner worked at various places and vide order, he was transferred at Andhara Power House, Chirgaon, where he joined. Again, petitioner was transferred vide order from Andhara Power House Division Chirgaon to Electrical Division and aggrieved has filed instant petition.
Finding of the court : Rule of law contemplates governance by laws and not by humour, whims or caprices of the men to whom governance is entrusted for the time being - Government including Board/Corporation, as case may be, would be well advised not to entertain much less encourage such extra constitutional authority to interfere with administration and governance of State, or else, there is every likelihood of there being a complete breakdown of rule of law - The voice of dissent cannot be silenced through administrative arbitrariness - impugned transfer order quashed and set aside.
Result : Petition allowed
ORDER :
Tarlok Singh Chauhan, J.
Aggrieved by the order of transfer, the petitioner has filed the instant petition for grant of the following reliefs:-
(ii) That the petitioner may be allowed to work as Sr. Assistant at Andhara Power House HPSEBL Chirgaon till the final disposal of this writ petition.”
2. The petitioner was appointed as a Clerk and joined as such in the year 1989 in the Office of ACT III Chirgaon where he worked till 30th April, 1990. Thereafter, the petitioner worked at various places and vide order dated 04.03.2019, he was transferred at Andhara Power House, Chirgaon, where he joined on 05.03.2019. Again, the petitioner was transferred vide order dated 17.04.2021 from Andhara Power House Division Chirgaon to Electrical Division, HPSEBL, Dalhousie (Chamba) and aggrieved thereby has filed the instant petition for the reliefs as set out above.
3. It is the specific case of the petitioner that his transfer has neither been effected in administrative exigency nor in public interest, but has been effected on the basis of a D.O. Note issued by someone, who has nothing to do with the Administration and the governance of the respondent-Board.
4. The petitioner has appended a letter dated 09.03.2021 issued by one Smt. Shashi Bala to the Hon’ble Chief Minister and the same reads as under:-
| “Rural Development Bank Ltd. | ||
| SDA Complex, Kasumpti, | ||
| Shimla-171009 (H.P.) | 94595-72133 | |
|
| ||
| Ref.No.ARDB/Chairperson/2020… PA…/2021 | Dated: 09/03/2021 | |
|
| ||
|
| Respected Thakur Sahib, Sadar Pranam. | |
|
| ||
| Sir, | ||
|
| ||
| It is humbly that the following govt. employees are indulging in party politics and they are contaminating the working culture in their organization/institutes. It is, therefore requested to approve their transfer in the larger interest of the public as under:- | ||
|
| ||
| 1. Sh. Ramesh Kumar Chauhan, JE presently posted at Power House Andhra (Chirgaon) may kindly be transferred to anywhere in Distt. Chamba. | ||
|
| ||
| 2. Sh. Suresh Kumar, presently posted as fitter at Andhra Power House (Chirgaon) may kindly be transferred to anywhere in Distt. Chamba. | ||
|
| ||
| 3. Sh. Pradeep Kumar, Sr. Asstt. presently posted at Andhra power house (Chirgaon)may kindly be transferred anywhere in Distt. Chamba. | ||
|
| ||
| 4. Sh. Vinod Kumar, lecturer Political Science presented posted at GSSS (Girls) Chirgaon may kindly be transferred to anywhere in Distt. Una. | ||
|
| ||
| 5. Sh. Dilawer Singh, SEBPO, presently posted at Development Block Chhohara, Distt. Shimla may kindly be transferred to anywhere in Distt. Una. | ||
|
| ||
| 6. Sh. Vikrant Thakur, presently posted at technician Gr.II at Mechanical Division, HPPWD Rohru for the past 20 yrs. May kindly be transferred to anywhere in Distt. Kangra District. With profound Regards. | ||
|
| ||
| Yours sincerely, | ||
| sd/- | ||
| (Shashi Bala) | ||
| (Dt.-09 March, 21) | ||
|
| ||
| Shri Jai Ram Thakur Ji, | ||
| Hon’ble Chief Minister, | ||
| Himachal Pradesh-171002.” | ||
5. We were informed in the open Court that the author of the aforesaid letter is the Chairperson of the Rural Development Bank Ltd., which fortifies the contention of the petitioner that she has nothing to do with the working of the Administrative Department of the petitioner.
6. In CWP No. 2862 of 2021 titled Vipender Kalta vs. State of H.P. and others, decided on 20.07.2021, we had clearly observed that how people, having nothing to do with the administration and the governance of the State are calling the shots being in some kind of dominating position and getting the employees, who happen to be the government servants, transferred as per their wishes and choice by issuing recommendations to this effect and the same, in turn, are unfortuna
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
