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2021 DIGILAW 567 (HP)

Rajinder Kumar v. State Of Himachal Pradesh

2021-08-17

SATYEN VAIDYA, TARLOK SINGH CHAUHAN

body2021
JUDGMENT Tarlok Singh Chauhan, J. - Aggrieved by the order of transfer, the petitioner has filed the instant petition for the grant of following substantive relief: "that the transfer order Ann. P-1 dated 5.8.2021 may kindly be quashed as per the facts and circumstances of the present petition" 2. One of the main thrust of the petitioner's challenging the order of transfer is that the same has been effected on the basis of D.O. note in order to favour private respondent, however record reveals that after filing of the instant petition, the petitioner has himself obtained D.O. note for the same relief as claimed in the petition i.e. seeking quashing of order of transfer. 3. The conduct of the petitioner, to say the least, is deplorable. The people, who lose faith in the judiciary, are required to be condemned and curbed with strong hands by one and all, who are interested in the orderly society and have faith in democracy. This is the basic creed of our Constitution. 4. There cannot be a second opinion that the institution of judiciary took time immemorial to establish. Its functionaries, working independently without favour and fear within the parameters established by law, tradition, usages, customs etc., have earned faith of the public for the institution of being trusted. 5. People's faith in independence of judiciary is of paramount consideration not only in public interest, but also in the interest of society. To protect the faith of the people in the independence of the judiciary developed, established, accepted by a consistent tradition from time immemorial, is the avowed duty of every one of us, especially of Lawyers, Judges, Legislators and the Executives. 6. Faith in judiciary are the facets of the judicial administration to which they contributed substantially. It is essential to maintain faith of common masses in the judiciary, failing which it would lose its respect and esteem. Law is meant to meet the ends of justice. 7. Having resorted to extra constitutional methods for quashing of order of transfer, the Courts have no room for litigants like the petitioner, who has no faith in the judiciary. 8. In view of aforesaid observations, we find no merit in the instant petition and the same is accordingly dismissed, so also the pending application(s), if any, leaving the parties to bear their own costs.