PURAN CHAND Vs. STATE OF H.P.
HIGH COURT OF HIMACHAL PRADESH
STATE OF H.P.
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Tarlok Singh Chauhan, J. -
(1.)Aggrieved by the order of transfer dated 04.07.2020, the petitioner has filed the instant petition for the grant of following reliefs:-
i) That the writ in the nature of certiorari may kindly be issued for quashing the order dated 04.07.2020 which has been issued in violation of Transfer Policy and law laid down by this Hon'ble High Court as well as Apex Court transfer on D.O. note from the local M.L.A., who send the same to the Hon'ble Chief Minister and U.O. note has been issued from the office of Hon'ble Chief Minister and without assigning any reason and to adjust respondent No. 3 especially when he has not completed his normal tenure and completed 8 months only, there is no other grounds for transferring the petitioner except just to adjust the respondent No. 3 with the mala fide intention of respondent No. 2.
ii) That the respondent may be directed to adhere the condition of transfer policy and the petitioner may be allowed to continue at the present place of posting till her completion of normal tenure as per Police Rules and Acts also normal tenure is two years.
Iii) The respondents may be restrained from relieving the petitioner in pursuance of Annexure P-1.
(2.)The petitioner is a Class-I Officer and posted as Deputy Superintendent of Police (for short the Dy. S.P.) at Baijnath, District Kangra and vide impugned order dated 04.07.2020 (Annexure P-1) has been ordered to be transferred to IRBn Jungalberi, District Hamirpur.
(3.)The transfer order has been assailed on two grounds. Firstly, that the petitioner could not have been transferred in a short span of about eight months as against the normal tenure of three to five years, as prescribed in the Transfer Policy and; secondly, the transfer is not on the basis of administrative exigency or public interest, but is based on a D.O. note issued by a local M.L.A., Baijnath, District Hamirpur.
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