IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 20006/2025 Decided on: 18.12.2025 Rakesh Kumar …Petitioner Versus HRTC & Anr. .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Mr. M.L. Sharma, Advocate. For the respondents: Mr. Vinod Gupta, Advocate. Jyotsna Rewal Dua, J Notice. Mr. Vinod Gupta, learned counsel, accepts notice on behalf of the respondents. 2. Petitioner is serving as Conductor in the respondents- Corporation and feels aggrieved against the office order dated 10.12.2025 transferring him from Bilaspur Unit to Rampur Unit of the respondents-Corporation. In accordance with the said office order, the petitioner was relieved under office order dated 12.12.2025. Following substantive prayers have been made by the petitioner: - “(i) That writ in the nature of certiorari may kindly be issued, whereby quashing and setting aside the impugned office order dated 10.12.2025. Annexure P-1, issued by the respondent No.1 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 and impugned office order dated 12.12.2025. Annexure P-2, issued by the respondent No.2, being illegal and arbitrary. (ii) That writ in the nature of mandamus may kindly be issued, whereby directing the respondents to allow the petitioner to continue to work at the present place of posting, i.e., HRTC Unit Bilaspur, District Bilaspur, H.P.” The petitioner has assailed the transfer primarily on the ground of same having been effected only on the basis of a D.O. Note, number of which has been mentioned in para-4 of the petition. It was also apprised that the petitioner has served for about three years at Bilaspur Unit, where he was posted on 15.09.2022. 3. When the matter was taken up in the forenoon season, learned counsel for the respondents was directed to have instructions for verifying allegations of petitioner having been transferred only on the basis of D.O. Note. Learned counsel for the respondents has now placed on record office instructions dated 18.12.2025, giving following incumbency position of the petitioner: - 1 Previous Postings Bilaspur-28.08.2018 to 25.08.2021 Parwanoo- 26.08.2021 to 31.05.2022. Shimla- 01.06.2022 to 13.09.2022 Bilaspur-15.09.2022 to 12.12.2025. The office instructions are further to the effect that the petitioner was indeed transferred on the basis of a U.O./D.O. Note dated 30.10.2025 from the office of the Hon’ble Chief Minister. 3 4. Even though the petitioner has just about completed his normal tenure at the present place of posting, however considering the fact that the impugned office orders dated 10.12.2025 (Annexure P-1) and 12.12.2025 (Annexure P-2) have been issued only on the basis of the U.O./D.O. Note without any independent exercise of the mind by the respondent/employer, the impugned office orders are quashed and set aside. However, keeping in view completion of normal tenure by the petitioner at the present station, respondent No.1/competent authority, shall be at liberty to consider petitioner’s case for transfer afresh, in accordance with law, after applying independent mind. The instant petition is disposed of in above terms. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 18th December, 2025(rohit)