Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.8486 of 2025
Decided on: 23rd July, 2025 ------------------------------------------------------------------------------------- Ashwani Kumar
…..Petitioner
Versus
State of H.P. and others
.....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Vivek, Advocate vice Mr. Abhishek Sharma, Advocate. For the Respondents: Mr. Rajat Choudhry, Assistant Advocate General, for respondents No.1 and 2. Mr. Rajesh Prakash, Advocate, for respondent No.3. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge
Gist of petitioner’s case was noticed in the following order passed on 22.05.2025 while granting interim relief in favour of the petitioner:-
“CWP-8486 of 2025 & CMP-11326 of 2025
Notice. Mr. L.N. Sharma, Additional Advocate General and Mr. Rajesh Prakash, Advocate, appear and waive service of notice on behalf of respondents No.1 & 2 and respondent No.3, respectively. 2. Petitioner is serving as Panchayat Secretary. He takes exception to office order dated 20.05.2025 (Annexure P-2) whereby he stands transferred from Gram Panchayat Balh Khalsa, Development Block Bangana to Gram Panchayat Jhamber, Development
1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2
Block Una. The transfer has been assailed primarily on the grounds that:- 2(i). Petitioner was posted at Gram Panchayat Balh Khalsa on 10.04.2025. Just about 40 days of his joining at Gram Panchayat Balh Khalsa, the respondents have transfer him again under the impugned order. 2(ii). Transfer has been ordered only on the basis of DO Note. 3. In view of the grounds urged, case of interim relief is made out in favour of the petitioner. Accordingly, office order dated 20.05.2025 (Annexure P-2) shall remain stayed qua the petitioner. List after three weeks. In the meantime, respondents to file reply. CMP-11327 of 2025
The application is disposed of with a direction to the applicant/petitioner to file English translation of the annexure in issue within a period of four weeks from today.”
2. Respondents No.1 and 2 have filed reply to the writ petition, which, inter alia, states that the petitioner has been transferred only at a distance of seven kilometers from his present place of posting. 3. After arguing for some time, learned vice counsel appearing for the petitioner submits that he is under instructions to withdraw the writ petition. Accordingly, the writ petition is dismissed as withdrawn alongwith pending miscellaneous application(s), if any. Interim order dated 22.05.2025 shall stand vacated.
Jyotsna Rewal Dua July 23, 2025
Judge Mukesh