JUDGMENT : Tarlok Singh Chauhan, J. Aggrieved by the order of transfer, the petitioner has filed the instant petition for grant of the following substantive relief : “That transfer orders dated 31.8.2022 (Annexure P-3) may kindly be quashed and set aside in the interest of justice and fair play.” 2. Records produced by the respondents-State, pursuant to the direction issued by this Court, would go to reveal that no doubt D.O. Note has been issued in favour of the petitioner, but the same was on the basis of the representation made by the petitioner to the Hon’ble Chief Minister, setting out his individual hardship. This representation was accepted and it is thereafter that DO Note No. DEP-C-433062 dated 27.8.2022 was issued. 3. As regards the private respondent, the record reveals that he approached former MLA for his transfer and the former MLA in addition to the petitioner gave a long list of employees sought to be transferred. 4. It has been made abundantly clear by the Hon’ble Supreme Court as well as this Court that a former MLA or for that matter even a former Minister, after his term is over, has no role in the constitutional mechanism or day-to-day administration. Reference in this regard can conveniently be made to the judgment of the Hon’ble Supreme Court in Lok Prahari Through its General Secretary vs. State of Uttar Pradesh and others, (2018) 6 SCC 1 , wherein it has been held that even the Chief Minister, once he demits office, is on a par with common citizen. If that be so, obviously then anyone down the line, be it a former Minister or Member of Legislative Assembly could not have any special power or privileges much less authority to make recommendations for transfer of employees which authority is not otherwise authority to a common man and is available may with the Administrative department/employer. 5. That apart, this Court in CWP No. 2621 of 2020, titled as Lekh Raj vs. State of H.P. & Ors., decided on 17.8.2020 and CWP No. 2862 of 2021, titled as Vipender Kalta vs. State of H.P. & Ors., decided on 20.7.2021 has clearly held that former MLAs and similarly situate persons are extra constitutional authorities on whose recommendations, the orders of transfer as are ordered, cannot sustain. 6.
6. Consequently, we find merit in the instant petition and the same is allowed and the impugned order of transfer dated 31.8.2022 (Annexure P-3) is quashed and set aside. Pending applications, if any, also stands disposed of. Parties are left to bear their own costs.