( 2025:HHC:4377 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPIL No.133 of 2024 Date of decision: 03.03.2025 ______________________________________________________ Sucha Ram ….Petitioner Versus State of H.P. and another ….Respondents Coram: Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting ?1 No. For the Petitioner: Mr. R.L. Chaudhary, Advocate. For the Respondents: Mr. I.N.Mehta and Mr. Yashwardhan Chauhan, Senior Additional Advocates General with Mr. Navlesh Verma, Ms. Sharmila Patial and Mr. Sushant Kaprate Additional Advocates General. Tarlok Singh Chauhan, Judge(Oral): The instant petition has been filed for grant of the following substantive relief: “(i) That writ of mandamus may kindly be issued, directing the respondents to ensure the joining and working of Superintendent of Police Ilma Afroz immediately, so that general public of Baddi Barotiwala and Nalagarh, District Solan, H.P. may feel safe and protected in the hands of law and action can be taken against all drugs mafias and mining mafias in accordance with law in order to maintain law and order in the area by taking into consideration the finding returned by 1 Whether the reporters of Local Papers may be allowed to see the judgement? 2 ( 2025:HHC:4377 this Hon’ble Court in Paras 25 & 26 of the order dated 09.09.2024, passed in Criminal Writ Petition No.12/2024 (Annexure P-1) .” 2. The petitioner himself claims to be a well educated social activist, who has raised voice for public cause time and again in and around Tehsil Nalagarh, District Solan. According to the petitioner, he is a public spirited person and the present petition is being filed for the larger public interest, since a grave injustice has been caused by the respondent/authorities including the State Government, whereby they have created the circumstances qua the Superintendent of Police, Baddi, District Solan H.P., who proceeded on leave despite the fact that she had been working as an exemplary worker in curbing out all the illegal mining activities and had effectively taken action against the drug mafias. However, the cause espoused in the instant petition has not only the semblance, but even according to the petitioner, is a public interest litigation, seeking retention or transfer of an employee at a given station which essentially pertains to the conditions of service of that employee and therefore, this petition not only has the semblance, but is essentially a public interest litigation, that too, in a service matter. 3. It is no more res integra that the public interest litigation cannot be maintained in service matters, more particularly at the 3 ( 2025:HHC:4377 instance of a total stranger, except for a writ of quo warranto. Moreover, posting of the Superintendent of Police is a sensitive issue and looking into the nature of the duties, it is the prerogative of the State Government as to which officer is to be transferred or kept at a particular place. 4. Leaned counsel for the petitioner would then argue that since a representation has been filed by the public before the Hon’ble Chief Minister, therefore, a direction be issued to decide the same. 5. The prayer, though, being innocuous on the face of it, cannot be acceded to, given the fact that the petition itself, for the reasons stated above, is not maintainable. Once the petition is not maintainable, this Court is not vested with the jurisdiction to pass any order or direction. 6. Accordingly, the present petition is dismissed, as not maintainable. Pending application(s), if any, shall also stand disposed of. ( Tarlok Singh Chauhan ) Judge ( Sushil Kukreja ) Judge March 03, 2025 (reena)