IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7917 of 2025 Date of Decision: 14.5.2025 _____________________________________________________________________ Soham Kaushal ……...Petitioner Versus State of Himachal Pradesh and another …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Nimish Gupta, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who at present is working as Deputy District Attorney against the post of Assistant District Attorney in the office of Deputy Commissioner, Chamba is aggrieved of order dated 26.4.2025, whereby he has been transferred from aforesaid station to the office of Dy. District Attorney, Nurpur. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Nimish Gupta, learned counsel for the petitioner is that impugned transfer order is in violation of transfer policy because petitioner has been not permitted to complete normal tenure of posting at Chamba. Mr. Gupta, states that petitioner was posted in the DC office Chamba vide - 2 - order dated 3.2.2024 (Annexure P-1) and as such, he ought to have been permitted to complete minimum tenure of three years, but yet for no cogent and convincing reasons, he has been transferred to Nurpur. While making this court peruse documents adduced on record alongwith petition, Mr. Gupta, states that mother of the petitioner has recently undergone spine surgery and as such, she needs constant care and treatment, which can only be provided by the petitioner being elder member of the family. He further states that apart from above, wife of the petitioner is also working in Chamba and as such, in terms of transfer policy, option should have been given to the petitioner before effecting transfer. On instructions, Mr. Gupta, states that though impugned transfer order is in violation of the transfer policy, but yet petitioner is ready and willing to join at the transferred station after 3-4 months because by that time, he shall make arrangement for care and treatment of his ailing mother. 3. While putting in appearance on behalf of the respondents, Mr. Rajan Kahol, learned Additional Advocate General, placed on record instructions dated 14.5.2025, issued under the signature of Director (Prosecution), Himachal Pradesh Shimla, perusal whereof reveals that present petitioner is working as Deputy District Attorney, Chamba at Deputy Commissioner Office, Chamba, against the lower post of Assistant District Attorney. Since there is shortage of Deputy District Attorney(s) and at present, post of Deputy District Attorney is - 3 - lying vacant at Nurpur, where recently court of Additional District and Sessions Judge, has become functional, services of the petitioner are required at the transferred station immediately in public interest. 4. While making this Court peruse judgment dated 24.4.2023 passed by the Division Bench of this Court in CWP No. 972 of 2023, titled as Prashant Singh v. State of Himachal Pradesh and Ors., learned Additional Advocate General, states that in terms of directions contained in the afore judgment, steps are required to be taken to fill up vacancies of Deputy District Attorney(s) and Assistant District Attorney(s) so that work of courts, which is of serious nature, does not suffer. 5. Having regard to the nature of order proposed to be passed coupled with the fact that written instructions have been already placed on record by the respondents, this court sees no necessity to call for reply from the respondents, who are otherwise represented by learned Additional Advocate General. 6. Though careful perusal of pleadings as well as documents adduced on record suggests that petitioner has not completed normal tenure at present place of posting, but since it is quite apparent from instructions made available to this Court that petitioner has been given posting in the office of Deputy Commissioner Chamba against the lower post of Assistant District Attorney, solely with a view to ensure stay of the petitioner in Chamba coupled with the fact that services of Deputy District Attorney(s) are urgently required at Nurpur on account of opening - 4 - of court of Additional District and Sessions Judge, this Court sees no reason to interfere with the impugned transfer order, 7. However, having taken note of documents adduced on record suggestive of the fact that mother of the petitioner has recently undergone spine surgery, this Court deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the pending representation dated 7.5.2025 (Annexure P-8), expeditiously, preferably, within one week. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass a speaking order thereupon taking note of transfer policy, which enables an employee to seek transfer/adjustment at convenient station on account of adverse family circumstances. 8. Besides above, competent authority while doing the needful, may also take note of the statement made by the learned counsel for the petitioner that petitioner is ready and willing to furnish undertaking that he shall join at the transferred station after a period of three months. Till the time, representation is decided by the competent authority, petitioner shall not be compelled to join at the transferred station. Pending applications, if any, also stand disposed of. May 14, 2025 (Sandeep Sharma), (manjit) Judge