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2020 DIGILAW 788 (HP)

Umesh Kumar v. State of Himachal Pradesh

2020-11-02

CHANDER BHUSAN BAROWALIA, SURESHWAR THAKUR

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JUDGMENT Chander Bhusan Barowalia, J. - By medium of the extant writ petition, the petitioner is seeking the following substantive relief: "To quash the impugned transfer order dated 21.08.2020 as contained in Annexure P-2 and also to issue a writ in the nature of mandamus may kindly be issued directing respondents No. 1 to 3 to allow the petitioner to continue working at Morthu Beat Upper Chamba Range of Chamba Forest Division." 2. Precisely, the fact of the case, as encapsulated in the writ petition, are that the petitioner, on being selected as Forest Guard on 14.03.2011, assigned Special Duty at Tretha Range Office and on 04.08.2012 he was transferred to Runukothi Beat (a tribal area) Divisional Forest Officer, Bharmour, Chamba, where he remained posted till 01.03.2016. On 16.06.2016 the petitioner was regularized and on 19.06.2016 he was adjusted in Morthu Beat Upper Chamba Range, Chamba Forest Division, but, again, on 21.08.2020, through impugned transfer order, he was transferred to Forest Check Post Tunuhatti, Dalhousie Forest Division, amidst the ban on transfers. As per the petitioner, he has not completed his normal stint of three years at Morthu, so his transfer is illegal and in violation of the Transfer Policy. The transfer of the petitioner is illegal, tainted with arbitrariness and without any administrative exigency. In view of the above background, the petitioner, by maintaining the extant petition, seeks the relief that impugned transfer order, dated 21.08.2020, be quashed and set-aside and he be allowed to continue at Morthu Beat, Uppar Chamba Range, Chamba Forest Division. 3. Per contra, respondents No. 1 to 3/State, by instituting an elaborative and detailed reply, resisted and refuted the contentions raised by the petitioner. As per respondents No. 1 to 3, on 15.01.2016 the petitioner took the charge of Bakani Beat, Upper Chamba Range, Chamba Forest Division and on completion of his normal stint at Bakani Beat, on his request, made to DFO Chamba, through application dated 15.06.2019, he was transferred and adjusted at Morthu Beat, Upper Chamba Range, Chamba Forest Division, by Chief Conservator of Forests, Chamba Forest Circle. It is further averred in the reply that from Morthu Beat, Upper Chamba Range, Chamba Forest Division, the petitioner was transferred to Forest Check Post Tunuhatti, Dalhousie Forest Division vide CCF Chamba Officer order dated 21.08.2020 and resultantly on 29.08.2020 he was relieved. It is further averred in the reply that from Morthu Beat, Upper Chamba Range, Chamba Forest Division, the petitioner was transferred to Forest Check Post Tunuhatti, Dalhousie Forest Division vide CCF Chamba Officer order dated 21.08.2020 and resultantly on 29.08.2020 he was relieved. Respondent No. 4, Shri Sunil Kumar, Forest Guard, consequent upon his transfer from Forest Check Post Tunuhatti, Dalhousie Forest Division to Morthu Beat, Upper Chamba Range, Chamba Forest Division, joined on 29.08.2020. It is further averred that under the shadow of stay order dated 04.09.2020, the petitioner is presently working in Morthu Beat, Upper Chamba Range, Chamba Forest Division. Lastly, it is prayed that the extant writ petition be dismissed, as the petitioner has been transferred after approval of the competent authority with no tinge of malafide and not in violation of statutory provisions. 4. Respondent No. 4, by instituting his reply, resisted and denied the contentions raised in the writ petition. As per him, the petitioner has completed his normal stint in Bakani Block, as he remained posted for more than 56 months within Bakani Block, Upper Chamba Range and subsequently got his transfer effected, on request being made by him, from Bakani beat to Morthu Beat. Thus, he remained posted in the areas of Bakani Block. It is further averred by respondent No. 4that he remained posted at Forest Check Post, Tunuhatti, Bakloh Range, Dalhousie Division from 20.07.2019 to 29.08.2020, i.e., more than 6 (six) months and the normal tenure of stay at a Check Post is six months. He joined in place of the petitioner at Morthu Beat on 29.08.2020. Rest of the averments, are deliberately omitted, as the same are akin to the stand taken by respondents No. 1 to 3/State, thus, if mentioned, would overlap. In the above backdrop, respondent No. 4 also prayed for dismissal of the extant writ petition. 5. Xxx 6. We have heard the learned Counsel for the petitioner, learned Additional Advocate General for the respondents/State and learned Counsel for respondent No. 4 and also gone through the records. 7. Learned Counsel for the petitioner has argued that the petitioner, who has not completed his normal tenure at the present place of posting, is transferred during the ban on transfers, just to accommodate private respondent No. 4, so the action of respondents No. 1 to 3 is highly unjust, unfair, arbitrary, discriminatory and it is not legally sustainable. 7. Learned Counsel for the petitioner has argued that the petitioner, who has not completed his normal tenure at the present place of posting, is transferred during the ban on transfers, just to accommodate private respondent No. 4, so the action of respondents No. 1 to 3 is highly unjust, unfair, arbitrary, discriminatory and it is not legally sustainable. He has further argued that the impugned transfer order, in the wake of the facts and circumstances of the case, needs to be quashed and set-aside by allowing the extant writ petition. Conversely, the learned Additional Advocate General, has argued that it is the prerogative of the State Government to post/transfer any employee anywhere in the State, considering the administrative exigencies. He has further argued that the petitioner has completed his normal tenure at Bakani Beat, Upper Chamba Range, Chamba Forest Division, as he remained posted in Bakani Block, Upper Chamba Range, for more than four years and later on, he made a request for his transfer to Morthu Beat, which is also in Upper Chamba Range. Thus, the transfer of the petitioner is untouched from malafides and solely made on administrative exigencies. He has prayed that the extant petition deserves dismissal and be dismissed. On the other hand, learned Counsel for respondent No. 4 has also argued that the petitioner has completed his normal stint in Bakani Beat, Upper Chamba Range, Chamba Forest Division and on the request of the petitioner he has been transferred to Morthu Beat, Upper Chamba Range, Chamba Forest Division, so there is nothing wrong in transferring the petitioner. She has further argued that respondent No. 4 has completed 6 (six) months at Forest Check Post, Tunuhatti, Barkoh Range, Dalhousie Division, and normal tenure of stay at the check post is 6 (six) months, so he has been transferred rightly. She has further argued that respondent No. 4, on 29.08.2020, joined at Morthu Beat, in place of the petitioner. Lastly, she has prayed for dismissal of the extant writ petition. 8. Manifestly, from 15.01.2016 to 29.08.2020 the petitioner remained posted in Upper Chamba Range, Chamba Forest Division, in different Beats, therefore, the petitioner cannot stay in the precincts of Upper Chamba Range, Chamba Forest Division, for an unlimited period. Lastly, she has prayed for dismissal of the extant writ petition. 8. Manifestly, from 15.01.2016 to 29.08.2020 the petitioner remained posted in Upper Chamba Range, Chamba Forest Division, in different Beats, therefore, the petitioner cannot stay in the precincts of Upper Chamba Range, Chamba Forest Division, for an unlimited period. In fact, the petitioner has completed a stint of more than four years in the same Range, i.e., 3 (three) years in Bakani Beat, Upper Chamba Range, Chamba Forest Division, and thereafter on his request remained posted for more than a year in Morthu Beat, Upper Chamba Range, Chamba Forest Division. Thus, the petitioner has no right to continue at the place(s) of his choice, as he has already completed his normal stint of more than three years in upper Chamba Range, Chamba Forest Division. Moreover, the transfer of the petitioner is in public interest and after completing due formalities, viz., taking permission of the authorities, as required under the law, and is in administrative exigencies of service, so cannot be interfered with. 9. In view of what has been discussed hereinabove, the petition, which sans merits, deserves dismissal and is accordingly dismissed. Pending application(s), if any, shall also stand(s) disposed of. 10. Needless to say, that interim order dated 04.09.2020, passed by this Court in CMP No. 8466 of 2020, whereby impugned order dated 21.08.2020, transferring the petitioner, was stayed, is now vacated.