IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8249 of 2025 Date of Decision:22.05.2025 _______________________________________________________ Champa Devi …….Petitioner Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Sandeep Chauhan, Advocate. For the Respondents: Mr. Rajan Kahol and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General. ____________________________________________________ Sandeep Sharma, Judge(oral): Petitioner herein, who at present is working as Peon in Government Senior Secondary School, Pabiana, District Sirmour at Nahan, Himachal Pradesh, is aggrieved of transfer order dated 14.05.2025 (Annexure P-1), whereby she has been transferred from aforesaid school to Government Senior Secondary School Panog on complaint basis, against vacancy, in relaxation of ban on transfer with TTA/JT. 2. Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by learned counsel for the petitioner, is that though petitioner has not completed normal tenure of posting at present place of posting, but yet on the basis of 1Whether the reporters of the local papers may be allowed to see the judgment? 2 complaint made by her neighbourer, she has been transferred to a station, which is at a distance of 90 to 100 Km from present place of posting. 3. Having taken note of averments contained in the petition, which is duly supported by an affidavit, this Court called upon learned Additional Advocate General to have instructions or file reply vide order dated 19.05.2025. Pursuant to afore order, learned Additional Advocate General has placed on record communication dated 21.05.2025, issued under the signatures of Director Higher Education, Himachal Pradesh, which reads as under:- “ I have the honor to refer to the above mentioned CWP filed by the petitioner which is pending adjudication before the Hon’ble High Court. This CWP No. was listed before the Hon’ble Court on 19.05.2025 when the Hon’ble Court has passed the following orders:- Notice. Mr. Rajan Kahol, learned Additional Advocate General, accepts notice on behalf of the respondents. In view of impugned order dated 14.05.2025 (Annexure P-1), let the respondents to have instructions in the matter. List on 21.05.2025, before the appropriate Bench. In this regard, it is submitted that with the prior approval of the competent authority, Smt. Champa Devi, Peon has been transferred on dated 08.05.2025 from GSSS Pabiana District Sirmour to out of District on complaint basis( compliant made by the residents of Panchayat Serjagas, Tehsil Rajgarh, District Sirmour). Further, her transfer orders from GSSS Pabiana, District Sirmour to GSSS Panog, District Sirmour has been issued on 14.05.2025 by the DDHE Nahan, District Sirmour. Accordingly, she has been relieved of from her duties to GSSS Panog, District Sirmour on dated 16.05.2025. It is further submitted that the services of Smt. Champa Devi, Peon has been regularized as a peon on dated 31.08.2012 and as such joined in GSSS Dharampur, District Sirmour on 05.09.2012. She 3 remained posted there w.e.f.05.09.2012 to 15.12.2014. Thereafter, Smt. Champa Devi, Peon present petitioner remained posted in GSSS Pabiana w.e.f. 16.12.2014 to 18.07.2019 and at GSSS Rajgarh 19.07.2019 to 23.03.2023 and again remained posted in GSSS Pabiana, District Sirmour w.e.f. 23.03.2023 to 15.05.2025. Therefore, she remained posted within the radius of 5 Km since last 9 years. Hence, she has completed normal tenure of 3 years stay within the radius of 5 Km”. 4. Though, it has been mentioned in the aforesaid communication that petitioner has been working in the vicinity of Government Senior Secondary School Pabiana, District Sirmour for the last nine years and she has also completed normal tenure of posting at present place of posting, but once there is no denial to the fact that transfer of the petitioner has been effected on the basis of complaint allegedly made by the residents of the Panchayat Serjagas, Tehsil Rajgarh, District Sirmour, Himachal Pradesh, this Court is persuaded to agree with learned counsel for the petitioner that impugned transfer order being punitive is not sustainable in the eye of law. 5. True, it is that department is well within its right to transfer an employee on the basis of complaint, but before doing so on the basis of the complaint, it is also incumbent upon the department to ascertain the veracity of the allegations made in the complaint, which can only be done by way of initiating disciplinary proceedings against an employee. Merely on the basis of bald allegations, if any, levelled 4 by the residents of the Panchayat concerned, petitioner herein, who is a regular employee, could not have been transferred. Had respondents transferred the petitioner after conclusion of enquiry, if any, initiated on the basis of the complaint, this Court would have been not interfered in the impugned transfer order, especially taking note of the fact that petitioner has already completed normal tenure of posting at present place of posting, but once there is nothing to suggests that pursuant to complaint, if any, filed by the residents of the Panchayat concerned, disciplinary proceedings, if any, were ever initiated against the petitioner, impugned transfer order being punitive cannot be permitted to sustain. 6. Consequently, in view of the above, the present petition is allowed and impugned transfer order dated 14.05.2025 (Annexure P-1) is quashed and set-aside. Needless to say, respondents, if required, may transfer petitioner on the basis of the complaint, but after ascertaining the allegations contained in the same by initiating disciplinary proceedings, if any. Pending applications, if any, also stand disposed of. p (Sandeep Sharma), Judge May 22,2025 (shankar)