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2012 DIGILAW 768 (HP)

Lal Singh v. State of Himachal Pradesh

2012-10-31

DEEPAK GUPTA, RAJIV SHARMA

body2012
Judgment Deepak Gupta, J. 1. The petitioner by means of this petition has challenged the order dated 29.9.2012 whereby he has been transferred to Pangi to work as Tehsildar. 2. The petitioner was initially appointed as Patwari in the year 1982 and remained in district cadre in district Kangra. He was promoted to the post of Naib Tehsildar, which is a State cadre post only in January, 2012 and was posted in the office of Land Acquisition Officer, Shahanehar Project, Fatehpur. On 29.9.2012 he was posted to Pangi and has challenged his posting on various grounds. It is alleged that he has not completed his normal tenure in Kangra. It is further alleged that he is the junior most Naib Tehsildar and has wrongly been asked to take the charge of Tehsildar at Pangi. Further, according to the petitioner his transfer has been ordered to accommodate one Sh.Garish Mani Sakhlani, who was initially transferred to Pangi but later adjusted at some other place. The petitioner also alleges that the elections are due on 4th November, 2012 and he has not been trained in elections and he may not be able to function properly. 3. The stand of the respondents is as follows:- “2. That the Tehsildar Pangi has been declared as Assistant Returning Officer for Vidhan Sabha General Election, 2012 by the Election Commission of India. 3. That Sohan Singh, Tehsildar posted at Pangi has completed more than normal tenure i.e. three years and five months and as per directions of Election Commission of India he is required to be shifted out of Pangi Tehsil. xxxx…. xxxx… xxxx…… 6. That at present there is a shortage of Tehsildars in the State. It will take some more time to promote the eligible Naib-Tehsildar to the post of Tehsildar because as on date no Naib-Tehsildar is eligible for promotion. Moreover, most of the Tehsildars are at the verge of retirement. Respondent State is not in a position to post Tehsildars in every Tehsil. During the election process, post of Tehsildar Pangi cannot be kept vacant, therefore, Naib-Tehsildars, who are available for posting have been posted in some Tehsils to function as Assistant Returning Officers for conduct of Vidhan Sabha General Election, 2012 as a temporary arrangement till the completion of on going election process. During the election process, post of Tehsildar Pangi cannot be kept vacant, therefore, Naib-Tehsildars, who are available for posting have been posted in some Tehsils to function as Assistant Returning Officers for conduct of Vidhan Sabha General Election, 2012 as a temporary arrangement till the completion of on going election process. Copy of order of other Naib – Tehsildar transferred against the post of Tehsildar is at Annexure R-II 7. That keeping in view of the above position, the respondent-State has transferred Shri Lal Singh, Naib-Tehsildar from office of Land Acquisition Officer, Shahpur Project Fatehpur, District Kangra (which is an ex-cadre post) to Pangi, District Chamba against the post of Tehsildar as a reliever of Sh. Sohan Singh, Tehsildar and he was relieved on 8.10.2012 (copy of relieving order is at Annexure R-III). As Kanungo Sh. Lal Singh was posted in Tehsil Nurpur, Raja-ka-Talab and Field Kanungo, Ajwan (Indora).” 4. After going through both the petition and the reply, we are not inclined to grant any relief to the petitioner and the petition is rejected. We are, however, not unmindful of the fact that if Shri Sohan Singh, who is presently working at Pangi is relieved from the station then the election process may be adversely affected. We, therefore, while dismissing the petition, direct that Sh. Sohan Singh shall continue to function as Tehsildar and the petitioner shall only assist Shri Sohan Singh till 5th November, 2012 and thereafter Sh. Sohan Singh shall join at the place where he has been posted and the petitioner shall start functioning as Tehsildar Pangi in terms of the transfer order. No costs.