IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 6965 of 2025 Date of Decision: 29.05.2025 _______________________________________________________ Mahesh Chaudhary …….Petitioner Versus Himachal Pradesh State Electricity Board Limited & another … Respondents ______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Onkar Jairath, Advocate. For the Respondents: Mr. Ravinder Thakur, Advocate, for respondent No.1. Mr. Vivek Singh Attri, Advocate, for respondent No.2. _______________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who is working as Assistant Engineer in Electrical Sub Division, Himachal Pradesh State Electricity Board Limited, Kala Amb, District Sirmour, Himachal Pradesh, is aggrieved of order dated 24.04.2025, whereby his transfer and posting order from Electrical Sub Division No. II, Nahan to Electrical Sub Division Kala Amb vice Er.Virender Kumar on vice versa issued vide order dated 24.4.2025 came to be cancelled. 2. Averments contained in the petition, which is duly supported by an affidavit, reveals that vide order dated 1Whether the reporters of the local papers may be allowed to see the judgment? 2 24.4.2025 (Annexure P-1) petitioner came to be transferred from Electrical Sub Division-II, Nahan to Electrical Sub Division Kala Amb vice Er. Virender Kumar. Though, pursuant to aforesaid order petitioner resumed his duties at Kala Amb, as is evident from Annexure P-2, but on the same date, vide office order dated 24.4.2025 transfer order, thereby transferring petitioner from Nahan to Kala Amb came to be cancelled. In the aforesaid background, petitioner approached this Court in the instant proceedings, praying therein to set aside aforesaid order and permit petitioner to continue at Kala Amb. 3. Despite repeated opportunities, no reply has been filed by respondent No.1, but pursuant to order passed by this Court record came to be produced. 4. Respondent No.2 has filed reply, wherein issue with regard to transfer in favour of the petitioner has not been dealt with, rather attempt has been made to prove that respondent No.2 has been falsely implicated. 5. Before the case at hand could be heard and decided on its own merit, learned counsel representing respondent No.1 has made available copy of Office order dated 17.05.2025, issued under the signatures of Managing Director, Himachal Pradesh State Electricity Board Limited, Vidyut Bhawan Shimla, 3 to demonstrate that pursuant to disciplinary enquiry, respondent No.2 has been demoted from the post of Assistant Engineer to Junior Engineer and consequent upon penalty of reduction of rank to the lower rung post of the cadre, he has been posted in the Office of Senior Executive Engineer, Electrical Division Nahan vide order dated 10.05.2025. Since private respondent after his being demoted to the lower post has been already posted in the Office of Senior Executive Engineer, Electrical Division Nahan, coupled with the fact that petitioner pursuant to transfer order dated 24.4.2025 (Annexure P-1) has already joined at Kala Amb, impugned cancellation order dated 24.4.2025 deserves to be quashed being not sustainable. 6. Consequently, in view of the above, the present petition is allowed and impugned transfer order dated 24.4.2025 is quashed and set-aside and respondents are directed to permit petitioner to continue at Kala Amb pursuant to his transfer vide order dated 24.4.2025 (Annexure P-1). Pending applications, if any, also stands disposed of. (Sandeep Sharma), Judge May 29, 2025 (shankar)