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2014 DIGILAW 431 (HP)

Bali Ram v. State of H. P.

2014-04-22

DHARAM CHAND CHAUDHARY, SANJAY KAROL

body2014
JUDGMENT Sanjay Karol, Judge (Oral) Petitioner, who is working as Superintendent Grade-II in the office of Executive Engineer, B&R Division, H.P.P.W.D Karsog, District Mandi, H.P., has assailed his order of transfer (Annexure P-5), which reads as under: “In pursuance to the decision delivered in CWP No. 4916 of 2010, CMP No. 19943 of 2013 wherein following has been ordered by the Hon’ble High Court. “In the light of the stand of the State itself for shifting officers of doubtful integrity from sensitive posts at the earliest opportunity, there should be no impediment for the State to shift officers of doubtful integrity as early as possible and if for doing so some exercise is to be done by the State for identifying the posts where 43 officers of doubtful integrity are to be shifted then after doing necessary exercise, the said 43 officers of doubtful integrity already identified by the State be shifted from sensitive posts to non sensitive posts. In case still some officers of doubtful integrity due to unavoidable reasons could not be shifted then spell out such reasons. The exercise be done in three weeks and the Chief Secretary to file an affidavit of compliance before 27.12.2013.” In view of the above direction/instruction of Hon’ble High Court the following transfers of Supdt.Gr.II/Senior Assistant/Jr. Asstt./Clerk in this department are hereby ordered with immediate effect in the public interest.” Sr.No. Name From To 1. Bali Ram, Supdt, Gr-II Karsog Div. 11th Circle Rampur 2. Tara Chand, Sr. Asstt. Karsog Div. HPRIDC Shimla 3. Manish Kumar, Jr. Asstt. Karsog Div. Mech.Divn.Rampur The officials posted outside the radius of 25 Km. are entitled for TTA/JT. 2. We called for the original record which was perused. We find that neither does name of the present petition figure in the list of officials having doubtful integrity nor was it placed on the record of CWP No. 4916 of 2010, titled as Sher Singh versus State of H.P and others, as also CMP No. 19943 of 2013. As such, we find that the order passed being absolutely stigmatic is not in the light of directions issued by this Court. In particular, no directions were issued by this Court to transfer the petitioner from his present place of posting. Quite apparently, reason for transfer of the petitioner is purported directions issued by this Court, which is not germane to the record. In particular, no directions were issued by this Court to transfer the petitioner from his present place of posting. Quite apparently, reason for transfer of the petitioner is purported directions issued by this Court, which is not germane to the record. As such, on this short ground alone, we quash the impugned order of transfer (Annexure P-5), reserving liberty to take appropriate action, in public interest, in accordance with law, if so desired. 3. Pending applications, if any, shall also stand disposed of.