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2025 DAILYLAW 14941 (HP)

AMRIT LAL v. STATE OF HP AND ANOTHER

CWP/6196/2024 · 2025-05-21

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.6196 of 2024 Decided on: 21st May, 2025 _________________________________________________________________ Amrit Lal ....Petitioner Versus State of H.P. and Anr. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Amrick Singh, Advocate. For the respondents: Mr. Rajat Chaudhary, Assistant Advocate General. Jyotsna Rewal Dua, Judge Following order was passed in the matter on 03.07.2024:- “Petitioner is aggrieved by Annexure P-1 i.e. impugned transfer order dated 27.06.2024. According to learned counsel for the petitioner, the same has been effected on the basis of D.O. Note No.4949 dated 11.06.2024 and further approved vide Note No.537 dated 18.06.2024, issued by a political functionary, who had nothing to do with the functioning of the administrative department. The issue of transfer on the basis of D.O. Note i.e. at the behest of political functionary, who has 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - nothing to do with the functioning of the administrative department, has been deprecated by this Court on numerous occasions. Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents and seeks time to file reply. Reply/instructions on behalf of appearing respondents be filed/obtained within four weeks. List thereafter. In the meanwhile, transfer order dated 27.06.2024 (Annexure P-1), is stayed. Records be produced on the next date.” 2. Respondents have not filed reply, however, record has been produced by learned Assistant Advocate General. It has not been disputed that the transfer of the petitioner had been effected solely on the basis of D.O. note, without there being independent application of mind. That being the position, interim order dated 03.07.2024 has to be made absolute. Ordered accordingly This writ petition, therefore, to stand disposed of in terms of interim order dated 03.07.2024. Respondents, however, are at liberty to consider the case of the petitioner for his transfer afresh in accordance with law. - 3 - Pending miscellaneous application(s), if any, also to stand disposed. Jyotsna Rewal Dua Judge May 21, 2025 R.Atal