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2018 DIGILAW 1160 (HP)

Ramesh Bharti v. State of Himachal Pradesh

2018-06-26

DHARAM CHAND CHAUDHARY, VIVEK SINGH THAKUR

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JUDGMENT : Dharam Chand Chaudhary, J. 1. In this Writ Petition order dated 1.6.2018, whereby prayer for grant of interim relief has been declined by learned H.P. State Administrative Tribunal, is under challenge. 2. The facts in a nutshell being noted only for the decision of this Writ Petition are that the respondent-State has transferred the petitioner against newly created post of Advisor to the Government of Himachal Pradesh at such a stage, when he was officiating as Principal, Dr. RPGMC, Tanda purely on ad-hoc basis and as a stop gap arrangement. Aggrieved by such action on the part of respondents, he preferred Original Application No. 2654 of 2018 in the Administrative Tribunal. In the said application while issuing notice on 15.5.2018, in the interim his joining as Advisor was made subject to final outcome of the Original Application. Aggrieved thereby, he preferred Writ Petition No. 1156 of 2018 in this Court, which has been disposed of by a Division Bench vide order dated 51.5.2018 (Annexure P-6) with a direction to learned Tribunal to decide the question of grant of interim relief to the petitioner afresh by assigning reasons. 3. Consequently, the impugned order Annexure P-8 in Original Application No. 2654 of 2018 has been passed by learned Tribunal declining thereby the prayer of the petitioner for interim direction on the grounds inter alia that he has been transferred to the post of Advisor equivalent to Principal/Professor by a committee constituted for the purpose and after adjudging his suitability for the post in question. 4. Since the Original Application is pending disposal before learned Tribunal, therefore, in the nature of order we propose to pass in this writ petition, there is no need to advert to all contentions and also the law point raised on both sides because in that event prejudice is likely to be caused to the case of either party in the pending Original Application. 5. This Court though has not accepted the prayer for the grant of interim relief made by the petitioner, except that he shall not be compelled to join his duties at the transferred station and may avail the leave of kind due. We have been informed that presently he is on leave. 5. This Court though has not accepted the prayer for the grant of interim relief made by the petitioner, except that he shall not be compelled to join his duties at the transferred station and may avail the leave of kind due. We have been informed that presently he is on leave. In such a situation a direction to the learned Administrative Tribunal to decide the Original Application in a time bound manner and in the interregnum allow the petitioner to join duties in the department of surgery RPGMC, Tanda, so that his services can be utilized as Surgeon and he is not compelled to avail prolonged leave, would serve the ends of justice. He is present in the Court. Learned arguing counsel on instructions submits that the petitioner is ready and willing to discharge his duties as Surgeon in the Department of Surgery as Professor and Head of course in case he is a senior Professor and that he will not stake his claim against the post of Principal. We take on record the statement so made on his behalf and finding not only fair, but reasonable also, accept the same. 6. The apprehension of learned Advocate General that allowing the petitioner to joint duties in Tanda Medical College may not be in the interest of administration as previously also he allegedly occupied the office of Principal by interpreting the interim order passed in this writ petition in his own way for a day. He may have done so on account of communication gap or having not understood the true import of the interim order because admittedly he did not stake his claim nor occupied the office of Principal thereafter during pendency of the writ petition. Anyhow, if such conduct is repeated by the petitioner in the College after joining the Department consequent upon this order, he shall render himself to be dealt with sternly in accordance with law, including the proceedings under Contempt of Courts Act. 7. In view of the observations made hereinabove, we direct learned H.P. Administrative Tribunal to decide the pending Original Application at the earliest, preferably within two months from today, of course subject to rendering all cooperation by the parties on both sides and on the completion of pleadings. The writ petition is accordingly disposed of, so also the pending applications, if any.