IN THE HIGH COURT OF HIMACHAL PRADESH, AT SHIMLA ON THE 19TH DAY OF JULY, 2022.

BEFORE HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN &

HON’BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA CIVIL WRIT PETITION No. 4412/2022 BETWEEN:-

SH. VIRENDER KUMAR S/O SH. NARAIN SINGH R/O VILL. KAMLA, P.O. GARNOTA, TEHSIL SIHUNTA, DISTT. CHAMBA, (H.P). PRESENTLY WORKING AS LHC (ARMOURER CADRE) POLICE LINE DHARAMSHALA, DISTT. KANGRA, (H.P)

SINCE 04.02.2021, AGED ABOUT 30 YEARS.

.…..PETITIONER (BY MR. NARESH KAUL, ADVOCATE)

AND

1. THE STATE OF HIMACHAL PRADESH THROUGH SECRETARY (HOME)

GOVT. OF HIMACHAL PRADESH, SHIMLA-2.

2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTER AT SHIMLA, HIMACHAL PRADESH-171002.

3. THE POLICE ESTABLISHMENT COMMITTEE THROUGH ITS CHAIRMAN I.E.

ADDITIONAL DIRECTOR GENERAL OF POLICE (FOR TRANSFERS/PROMOTION)

POLICE HEAD QUARTER AT SHIMLA, HIMACHAL PRADESH-171002.

4. THE SUPERINTENDENT OF POLICE KANGRA AT DHARAMSHALA, DISTT. KANGRA, (H.P).

5. SH. VISHAL NEHRIA(MLA)

S/O SH. RAJINDER PRASHAD R/O WARD NO. 17 MC DHARAMSHALA, P.O. SIDHPUR, TEHSIL DHARAMSHALA, DISTT. KANGRA, H.P.

6. SH. ASHISH DHIMAN (LHC)-623 (ARMOURER), S/O SH. (NOT KNOWN TO THE PETITIONER AT PRESENT)

PRESENTLY WORKING AS LHC(A RMOURER)

AT POLICE LINE CHAMBA, DISTT. CHAMBA, H.P.

…...RESPONDENTS (MR. ASHOK SHARMA, A.G. WITH MR. SHIV PAL MANHANS, MR. VINOD THAKUR, ADDL. A.GS., MR. BHUPINDER THAKUR & MR. YUDHVIR SINGH THAKUR, DY.A.GS. FOR R-1 TO R-4)

(MR. NEERAJ THAKUR, ADVOCATE, VICE MR. KIRTI SINGH, ADVOCATE, FOR R-6)

____________________________________________________________

This petition coming on for admission after notice this day, Hon’ble Mr. Justice Tarlok Singh Chauhan passed the following:

ORDER

Aggrieved by the order of the transfer, the petitioner has filed the instant petition for grant of the following substantive reliefs:

a) That a writ in the nature of certiorari may kindly be issued and the impugned order and corrigendum dated 29/30.06.2022 (Annexure P-4 & P-5) may be quashed as set aside, whereby the petitioner who joined on 04.02.2021 as LHC (Armourer) and worked for about 01 year 05 months time has been ordered to be transferred from District Kangra to District Chamba on the false mutual consent submitted by the respondent No. 5 at the behest of respondent No. 6, in the inte.rest of law, equity and justice.

b) That the action of the respondents to allow the private respondent No. 6 to change his District from 'Chamba' to 'Kangra' on false mutual request may be held illegal and arbitrary, when the respondent no. 6 is working with HP Police f(Armorer cadre) and is permanent resident of village Chhachaiyan, Tehsil Palampur, Distt. Kangra (H.P), where his father and uncles have gun sthop since years, in the interest of law and justice. r c) That uthe petitioner may be allowed to complete his normal tenure at Police line Dharamshala, Distt. Kangra, where he joined in compliance to Annexure P-2 dated 04.02.2021, when his wife is under treatment at Govt. Hospital Shahpur and remained admitted w.e.f.

8.06.2022 to 16.06.2020 (Annexure P-3).

2. Perusal of the record that was produced by the official-respondents, pursuant to the direction to this effect, goes to reveal that the order of transfer has been passed solely on the basis of the recommendations made by the local MLA, who has not only recommended the transfer of the petitioner, but also of five other employees, who are serving in various departments under the State.

3 This obviously was not within the domain of the local MLA as matters of transfer have to be dealt with strictly by the administrative authority where the political execu.tive has no role to play.

4 Reference in this regard can conveniently be made to the judgments passed by this Court in CWP No. 2862/2021, titled as Vipender Kalta vs. State of H.P. & ors., CWP No. 2621/2020, titled as Lekh Raj vs. State of H.P. & ors., CWP No. 5751/2021, titled as Promila vs.

State of H.P. & ors.

& CWP No. 1387/2021, titled as Praveen Kumar vs. State of H.P. & ors

5 It was altogether