2025:HHC:25632 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8104 of 2025 Decided on: 1st August, 2025 ------------------------------------------------------------------------------------- Rajesh Verma …..Petitioner Versus State of H.P. and another .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Naresh K. Sharma, Advocate. For the Respondents: Mr. Sikander Bhushan, Deputy Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioner is serving as Superintendent of Police, Communication & Technical Services (C&TS), Shimla. He has taken exception to the notification issued on 14.05.2025 (Annexure P-5), transferring and posting him as Superintendent of Police, Compulsory Waiting Officer (CWO) at Police Headquarters, Shimla. Pursuant to the interim order passed in this case on 16.05.2025, the petitioner is continuing to serve as Superintendent of Police, C&TS, Himachal Pradesh. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 2025:HHC:25632 2. Section 17 of the Himachal Pradesh Police Act, 2007 gives out organizational structure of Technical and Support Services. In terms of this Section, ‘there shall be a Directorate of Police Communications and Technical Services for the purpose of providing reliable and dedicated communications, informatics and other technical support at all levels of the Police Organization to be headed by an officer not below the rank of Deputy Inspector General of Police with as many Superintendents of Police and Deputy Superintendents of Police, to assist him, as deemed necessary’. It has come on record that there are separate Recruitment & Promotion (R&P) Rules for the post of Superintendent of Police (Wireless) in the respondent-Police Department. The cadre consists of one post, Class-I (Gazetted). 3. Petitioner was appointed as Deputy Superintendent of Police (Wireless) on 26.10.1999 through H.P. Public Service Commission in Wireless Organization, i.e. the separate wing of the Police Department. His services were confirmed in the aforesaid Wireless Organization. Petitioner was promoted as Additional Superintendent of Police, Communication & Technical Services, H.P. on 3 2025:HHC:25632 14.05.2003 and as Superintendent of Police, C&TS on 28.02.2009. Petitioner remained posted as Superintendent of Police, C&TS w.e.f. 2009 to 2012 at Shimla and thereafter as Superintendent/Leave Reserve at PTC Daroh, District Kangra w.e.f. 2013 to 2018; He was again posted as Superintendent of Police, C&TS from March, 2018 to December 2022; Petitioner remained in central deputation w.e.f. January 2023 to November 2023 and S.P. Leave Reserve, Shimla from December, 2023 to 12.08.2024. On 13.08.2024, petitioner, who was awaiting posting on return from central deputation, was posted as Superintendent of Police, C&TS Shimla. Few months later, the impugned notification was issued on 14.05.2025, now posting the petitioner as Superintendent of Police (CWO) at Police Headquarters, Shimla. 4. Petitioner’s contention that he could not have been transferred and posted as Superintendent of Police, CWO, as the aforesaid is not a cadre post as per the R&P Rules for C&TS, is fortified from the record. Even the respondents in their reply have candidly admitted that CWO is not a cadre post insofar as the petitioner is concerned. Petitioner belongs to a separate wing/cadre, i.e. 4 2025:HHC:25632 Communication & Technical Services (C&TS). C&TS is a separate cadre having separate R&P Rules with only one post of Superintendent of Police. Once it is an admitted position that C&TS is a separate cadre distinct from CWO and the petitioner belongs to C&TS cadre, his transfer under the impugned notification from C&TS cadre to CWO cannot be held to be legal. Petitioner’s contention of impugned notification having been issued in violation of Section 56 of the Himachal Pradesh Police Act, 2007 has merit. In terms of the aforesaid Section, it is the State Police Establishment Committee, which is responsible to recommend proposals for transfers and postings of Gazetted Police Officers to the Government subject to the provisions of the Act and relevant Rules. In the instant case, admittedly Section 56 of the Act has not been complied with. Petitioner’s transfer as Superintendent of Police, CWO is not on the basis of recommendations of the State Police Establishment Committee, rather, the reply filed by the respondents states that petitioner’s transfer is on the basis of an approval received from the competent authority. The aforesaid approval will not justify petitioner’s transfer from a cadre to which he belongs to an 5 2025:HHC:25632 alien cadre altogether and that too contrary to the procedure established under the Himachal Pradesh Police Act for effecting transfers of the Police Officials. 5. In view of above, a case has been made out for interfering with the impugned transfer of the petitioner. Accordingly, notification dated 14.05.2025 (Annexure P-5) is quashed and set aside. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua August 01, 2025 Judge Mukesh