JUDGMENT Ajay Mohan Goel, J. - By way of this petition, petitioner has, inter alia, prayed for setting aside order dated 13.9.2018, passed by the HP State Administrative Tribunal (hereinafter referred to as "the Tribunal") in Original Application No. 987 of 2018, titled as Suman Minhas versus State of HP and Others vide which, learned Tribunal dismissed the Original Application filed by the present petitioner against his order of transfer dated 13.3.2018, and also for quashing of the said transfer order, i.e., order dated 13.3.2018, appended with the Original Application Annexure A2. 2. Brief facts necessary for adjudication of the present petition are that the petitioner, who was serving as Principal in DIET Chamba (CBA) was ordered to be transferred from the said station to Government Senior Secondary School Jasourgarh (CBA), vide transfer order dated 13.3.2018 and private respondent was ordered to be transferred in place of the present petitioner. 3. Feeling aggrieved, petitioner filed Original Application before the Tribunal, inter alia, on the ground that the impugned transfer order was not sustainable in law as the same had not been issued on account of administrative exigency but was result of DO Note so issued in favour of the private respondent from the office of Chief Minister of the State. 4. Learned Tribunal, vide Annexure P5 dismissed the Original Application so filed by the present petitioner and feeling aggrieved, he has filed the present petition. 5. This Court had directed the State/respondents to produce records of the case. 6. Today, records stand produced in the Court and perusal of the same demonstrates that the transfer of the present petitioner as also the private respondent vide transfer order dated 13.3.2018, is result of a DO Note, which has been issued from the office of Chief Minister of the State. Records also reveal that the impugned transfer order is solely based on the said DO Note issued from the office of Chief Minister of the State and there is no independent application of mind on the administrative side before the impugned order was issued, by the department. 7. The DO Note is dated 8.2.2018. 8. This Court in umpteen number of judgments has held that though transfer is the prerogative of the employer, however, the transfer has to be carried out by the department concerned on account of administrative exigency and the same cannot be carried out for extraneous reasons.
7. The DO Note is dated 8.2.2018. 8. This Court in umpteen number of judgments has held that though transfer is the prerogative of the employer, however, the transfer has to be carried out by the department concerned on account of administrative exigency and the same cannot be carried out for extraneous reasons. This Court has further held that any transfer which is effected on the basis of DO Note, is not sustainable and is liable to be quashed, if there is no independent application of mind by the department. 9. Taking into consideration the fact that the impugned transfer order is not on account of any administrative exigency but is result of DO Note, so issued in favour of the private respondents from the office of Chief Minister of the State, this petition is allowed. Order dated 13.9.2018 passed by the learned Tribunal in OA No. 987 of 2018, titled as Suman Minhas versus State of HP and Others as also impugned transfer order dated 13.3.2018, vide which present petitioner was ordered to be transfered from DIET Chamba (CBA) to Government Senior Secondary School Jasourgarh (CBA) is ordered to be quashed and set aside as learned Tribunal has erred in not appreciating the effect of a transfer order solely on a DO Note. However, it stands clarified that passing of this judgment shall not come in the way of respondents/State to otherwise transfer the parties from their present place of posting, in accordance with law. 10. With the aforesaid observations, present petition stands disposed of, so also pending application (s), if any. Copy dasti.