JUDGMENT :

RANJAN SHARMA, J.

1. The petitioner, a Principal (School cadre), has come up before this Court, by way of the instant petition, seeking the following prayers:

“(i) That an appropriate writ, order or directions may kindly be issued and the impugned Notification Annexure P-3 dated 30.9.2023 (antedated) may kindly be quashed and set aside by further directing the respondent to implement the notification dated 30.9.2023, Annexure P-2 qua petitioner by directing the respondents to allow the petitioner to join at the transferred place, i.e. GSSS, Kaphara, District Bilaspur, H.P. in the interest of law and justice.”

2. The only grievance of the petitioner is that as per Notification dated 30.9.2023 (Annexure P-2), upon approval of the competent authority, the petitioner was transferred from GSSS Kathiana (District Hamirpur) to GSSS Kapahra (District Bilaspur).

3. After issuance of the Notification of transfer dated 30.9.2023, Annexure P -2, from GSSS Kathiana to GSSS Kapahra, the Respondent No. 1 has issued another Notification on 30.9.2023, Annexure P-3, (herein after referred to as Impugned Order), whereby, the transfer of the petitioner ordered on 30.9.2023, Annexure P-2, was kept in abeyance. The petitioner has assailed the Notification dated 30.09.2023 (Annexure R-2) keeping the transfer orders (Annexure A-2) in abeyance in these proceedings.

4. Upon issuance of notice on 24.11.2023, this Court had directed the respondents to file reply or to furnish instructions. The matter was thereafter listed on 22.12.2023 directing the respondents to produce the records. The matter was again listed on 9.1.2024, on which date the records were produced but returned so as to ensure the production of records on 11.01.2024.

5. Today (on 11.01.2024), the records produced were perused. This is a case where, in view of the records, this Court has to interdict, in the Impugned Order dated 30.9.2023, Annexure P-3, whereby transfer orders of the petitioner dated 30.9.2023, Annexure P-2 were kept in abeyance.

6. In normal parlance, this Court would not have shown indulgence, whereby, upon the approval of the competent authority, the transfer order dated 30.9.2023, Annexure P-2 was issued, transferring the petitioner was transferred as Principal (School Cadre) from GSSS Kathiana (Hamirpur) to GSSS Kapahra (Bilaspur). Notably, in normal parlance, it is trite law that the power to issue an order, includes the power to cancel, modify, annul and also to keep an order in-abeyance. However, this case, is an exception to the aforesaid principle, for the reason, that after the issuance of transfer orders on 30.9.2023 (Annexure P-2), the Principal Secretary, Education had issued the order of abeyance on 30.9.2023, Annexure P-3, by resorting to extraneous considerations. The records, reveal that, the order of abeyance has been issued just to satisfy the wishes and dictates of an elected representative, who is presently, a Chief Parliamentary Secretary (Education) in the Government. Other than this, there is nothing on record, to reveal any genuine, cogent and convincing material revealing public interest and administrative exigencies. Even the Administrative- Transferring Authority i.e. the Respondent No. 1 has abdicted his power and authority by succumbing to the wishes and dictates of the Chief Parliamentary Secretary, who has no authority to transgress the official business. Even the respondent No. 1, has neither resorted to an independent nor an impartial application of mind, as to whether any public interest or administrative exigencies warranted or necessitated that the transfer be kept in abeyance.

7. In the background of facts in Para 6 above, it is reiterated that the Hon’ble Supreme Court and this Court has time and again deprecated the transfer made on/at the behest of elected representatives or the persons who have no connection with the affairs of the State Government:

“(i) While dealing the issue of interference of elected representation [MLAs or M