2025:HHC:31097 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPIL No.112 of 2024 a/w CWP No.12508 of 2024 Decided on: 09.09.2025 __________________________________________________________ 1. CWPIL No.112 of 2024 Court on its own motion ...Petitioner Versus State of HP and others ….Respondents AND 2. CWP No.12508 of 2024 Vrinder Chadha ...Petitioner Versus The State of Himachal Pradesh ….Respondents and others Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting?. For the petitioners: Mr. Nimish Gupta, Advocate, for the petitioner, in CWPIL No.112 of 2024. Mr. Vishwa Bhushan and Ms. Anuja Mehta, Advocates, for the petitioner in CWP No.12508 of 2024. For the respondents: Mr. Arsh Rattan, Deputy Advocate General, for the respondents-State, in both the petitions. G.S. Sandhawalia, Chief Justice [Oral] The dispute, as such, has arisen on account of the fact that a complaint was received from the girl students of Kasturba Gandhi Balika Vidyalaya (Hostel), 1 Whether reporters of Local Papers may be allowed to see the judgment? 2025:HHC:31097 - 2 - against the petitioner in CWP No.12508 of 2024, who was working as a Headmaster at Government High School Gurad, District Chamba, under complex of Government Senior Secondary School Lahra, District Chamba, Himachal Pradesh. 2. Apparently, the said Institute had been visited by a Hon’ble Judge of this Court, who had directed an inquiry into the matter and submission of a report, due to which transfer order came to be passed on 09.10.2024, which is the subject matter of challenge in CWP No.12508 of 2024 filed by the said Headmaster. 3. It is not disputed that at the initial stage, the petitioner was granted benefit of stay on 13.11.2024 on the ground that he had only been promoted and posted there on 30.10.2023; and he had served for 11 months and his normal tenure had not been completed and further, that no one had been posted in his place. 4. In the reply filed by the State in Public Interest Litigation [CWPIL No.112 of 2024], it was reported that the girls had complained about the behavior of the Headmaster with the Hostel Staff. Resultantly, the Deputy Director of Higher Education, Chamba, District Chamba, 2025:HHC:31097 - 3 - recommended taking appropriate action to address these concerns, vide communication dated 09.10.2024 [Annexure R-I]. 5. The reply of the State, as such, is on the same lines, that the transfer was on account of the matter being looked into. It is not disputed that during the pendency of the present proceedings, a charge-sheet has been served upon the petitioner, under Rule 14 of the Central Civil Services [Classification, Control and Appeal] Rules, 1965, on 10.04.2025 [Annexure P-13 (colly) in CWP No.12508 of 2024], regarding his alleged misbehavior towards Peons and Hostel employees, and his dictatorial and arbitrary attitude towards staff and occupants. Various other allegations have also been raised in the statement of misconduct, with details of complaints made by female employees. 6. It is not disputed that distance between the Government High School, Gurad, District Chamba, where he has now been posted is not more than 40 Kms. from Government Senior Secondary School, Mangla, District Chamba, wherein the Enquiry proceedings are to be held. As noticed, the petitioner has already enjoyed the benefit of stay from 09.10.2024 and has completed almost a period 2025:HHC:31097 - 4 - of two years at his present place of posting. Inquiry proceedings are also continuing due to the appointment of the Inquiry Officer. 7. Counsel for the petitioner has though delved into the merits of the issue that on account of proactive steps taken to maintain discipline and the complaints which were raised at that point had adversely affected the atmosphere of School, and thus he was being targeted by instigating the students. 8. Keeping in view the fact that the challenge herein is only to the transfer order, we are of the considered opinion that it is not the writ Court, as such, to go into the allegations of the charges which had been levelled against a Government employee in departmental proceedings, in the absence of any malafide against the higher officers. 9. It is settled principle that the departmental proceedings will have to be decided on the basis of material, which is presented before the Inquiry Officer both by the Authorities and the defence, which is raised by the employee. In such circumstances, we do not wish to go into the merits of this issue, as contended by the counsel for the writ petitioner. 2025:HHC:31097 - 5 - 10. Resultantly, keeping in view the above, we close the proceedings in both these petitions, i.e. CWPIL No.112 of 2024 and in the petition, i.e. CWP No.12508 of 2024 and vacate the stay which was granted in favour of the petitioner on 13.11.2024, keeping in view the fact that the writ petitioner has already stayed for two years at his present place of posting. 11. Keeping in view the above, the Inquiry Officer should conclude the proceedings at the earliest. In case the petitioner is able to get a clean chit, it is open to him to file a representation for his transfer out of the second hard area of his posting since that was his primary objection when the writ petition was filed against the transfer order. 12. Accordingly, both these petitions are disposed of. 13. Pending miscellaneous application(s), if any, shall also stand disposed of. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge September 09, 2025 [Bhardwaj/Shivender]