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2012 DIGILAW 597 (HP)

Subhash Chand v. State of Himachal Pradesh

2012-09-19

DEEPAK GUPTA, RAJIV SHARMA

body2012
JUDGMENT Rajiv Sharma, Judge. Petitioner was transferred vide office order dated 26.4.2011 from H.P.P.W.D. 8th Circle, Hamirpur to Ghumarwin Division. He joined his duties in Ghumarwin Division on 4.5.2011. Now, he has been transferred from H.P.P.W.D, Ghumarwin Division to Mechanical Division, Bilaspur vide office order dated 14.9.2012. The distance between Ghumarwin and Bilaspur is less than 20 KMs. 2. Transfer is an incidence of service. The scope of judicial review in these matters is very limited. The Court may intervene only when the transfer has been made in infraction of any statutory rule or the same is actuated with mala fides. There is no arbitrariness or unreasonableness in the transfer order whereby the petitioner has been transferred from H.P.P.W.D. Division to Mechanical Division, Bilaspur. Though the petitioner has not completed his normal tenure at Ghumarwin but taking into consideration that he has only been transferred to a distance of 20 KMs, this Court will not interfere in the transfer order dated 14.9.2012. 3. Accordingly, we see no merit in the petition and the same is dismissed. Pending application(s), if any, also stands disposed of. No costs.