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2023 Supreme(HP) 332

VIVEK SINGH THAKUR, SUSHIL KUKREJA
Chaman Lal – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Tara Singh Chauhan.
For the Respondents:Mr. Anup Rattan, General with Mr. Sidharth Jalta, Deputy Advocate General, Mr. Sandeep K. Pandey.

JUDGMENT :

Vivek Singh Thakur, J.

Petitioner has approached this Court being aggrieved by his transfer within a span of about two years, on the basis of U.O. Note, but without due application of mind by the concerned authority of the administrative department.

2. Learned Deputy Advocate General has placed on record instructions imparted by Secretary (Education) to the Government of Himachal Pradesh, vide communication dated 18.05.2023, wherein, it has been stated as under :

    “In this context, it is submitted that a U.O. Note was received from the office of Hon’ble Chief Minister, HP vide which it was directed that Sh. Chaman Lal, Principal may be transferred from GSSS Kathiana, Distt Hamirpur (HP) to out of District on administrative ground, in relaxation ban on transfers.

Therefore, a proposal was send to higher authorities on file and the approval of the Hon’ble Chief Minister was obtained.”

3. For adjudication of present case, reference can be conveniently made to various pronouncements of this Court, including Ram Krishan vs. District Education Officer, reported in ILR HP 1979 HIM 481 : 1979 Shim LC 345; A.K. Vasudeva vs. State of H.P. and others, reported in ILR (Himachal Series) (19

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