1Whether reporters of Local Papers may be allowed to see the judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.8620 of 2025 Date of decision: 01.08.2025 Rajneesh Kumar. ...Petitioner. Versus State of H.P. & Ors. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? For the petitioner : Mr. Narender Singh Thakur, Advocate. For the respondents : Mr. Sikander Bhushan, Deputy Advocate General, for respondents No.1 to 3-State. : Mr. Arun Kaushal, Advocate, for respondent No.4. Jyotsna Rewal Dua, Judge Heard. The petitioner and respondent No.4 are both serving as Constables (Armourer) in the respondent- Police Department. On 03.04.2025 (Annexure P-1), the Director General of Police, Himachal Pradesh, on the recommendation of the Departmental Selection Committee, approved the induction of respondent No.4 into the Armourer Cadre and transferred him from District Hamirpur to District Sirmour. Despite the aforesaid order, respondent No.4 did not join at the transferred station for about a month and a -2- half. On 19.05.2025, the Director General of Police issued two orders: first, cancelling respondent No.4’s posting at District Sirmour under the order dated 03.04.2025; and second, ordering the transfer of the petitioner from District Hamirpur to District Sirmour. 2. The petitioner has challenged the above orders. It is contended on behalf of the petitioner that in view of the standing order dated 03.04.2025 issued by the Director General of Police, it was respondent No.4 who was transferred against the vacancy at District Sirmour. Respondent No.4 managed to get his transfer order dated 03.04.2025 cancelled and to make way for him, petitioner was transferred from District Hamirpur to District Sirmour. A further submission was made that in Police Department, it is the State Police Establishment Committee, who is responsible to recommend proposals for postings and transfers. In the instant case, there was no recommendation of the State Police Establishment Committee for transfer of the petitioner from District Hamirpur to District Sirmour, rather it was respondent No.4, who was initially ordered on 03.04.2025 to be posted in District Sirmour. -3- 3. To a query of the Court about the length of service of the petitioner in District Hamirpur, learned counsel for the petitioner submitted that the petitioner has completed almost four years at his present place and is, therefore, otherwise liable to be transferred. He, however, submitted that the petitioner is presently facing certain adverse family circumstances, inasmuch as his younger daughter passed away two weeks ago and his aged father is suffering with two stoma bags on his body due to the surgical removal of his large intestine at PGI, Chandigarh. At this stage, learned counsel for respondent No.4 submitted that respondent No.4 has also completed almost 5 years in District Hamirpur, but his aged mother is currently bed ridden and is under treatment at Hamirpur. 4. Respondents No.1 to 3 have filed reply. The defense taken is that the impugned order dated 19.05.2025 was issued as per the directions received from the office of the Competent Authority, and thereafter the matter was placed before the State Police Establishment Committee, which, in its meeting convened on 28.04.2025, considered the matter and recommended the petitioner’s transfer from -4- District Hamirpur to District Sirmour. The reply further states that the petitioner’s professional integrity during his tenure at District Hamirpur is not questionable, rather it has been found to be satisfactory. 5. Along with the reply, the respondents have also placed on record the proceedings of the State Police Establishment Committee, which considered the case of the petitioner and respondent No.4 for their respective transfers and cancellation of transfer. The proceedings make it evident that there was no proposal of the respondent-Police Department for cancellation of respondent No.4’s transfer from District Hamirpur to District Sirmour and of transferring the petitioner from District Hamirpur to District Sirmour. The proposals as received from the office of Hon’ble Chief Minister were acted upon on dotted lines by the State Police Establishment Committee. No independent application of the mind by State Police Establishment Committee is discernible from the proceedings. The cancellation of respondent No.4’s transfer from District Hamirpur to District Sirmour under order dated 19.05.2025 (Annexure P-2) and petitioner’s consequent transfer on 19.05.2025 from District -5- Hamirpur to District Sirmour (Annexure P-3) therefore, deserve to be quashed and set aside. Ordered accordingly. The respondent-Police Department shall, however, be at liberty to consider the respective cases of transfer of the petitioner and respondent No.4 afresh in accordance with law, inter alia, keeping in view the adverse circumstances, as projected for both the officials in this petition. The writ petition stands disposed of in the above terms. All pending miscellaneous application(s), if any, to also stand disposed of. Jyotsna Rewal Dua 1st August, 2025 Judge (Pardeep)