IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.230 of 2025 Decided on: 7th January, 2025 _________________________________________________________________ Uday Singh ....Petitioner Versus State of H.P. & Ors. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Vijender Katoch, Advocate. For the respondents: Mr. Anup Rattan, Advocate General with Ms. Leena Guleria, Deputy Advocate General for respondents No. 1 and 2. Mr. Janesh Mahajan, Advocate, for respondent No.3. Jyotsna Rewal Dua, Judge Petitioner is serving as District Attorney (D.A.) in the respondent-Home/Prosecution Department. His grievance is to the notification dated 01.01.2025 that transfers him from Agriculture University Palampur to Chamba as D.A.. 2. Notice of this petition was issued on 04.01.2025. Respondents have produced the relevant record. With the consent of learned counsel for the 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - parties, matter has been heard at this stage. 3. Learned counsel for the petitioner submitted that petitioner was appointed as Assistant District Attorney (A.D.A) and was given his first appointment at Mandi in the year 2007. Thereafter, he remained posted at Nurpur from 2010 to 2013, Dehra Gupipur from 2013 to 2016. While serving at Dehra, petitioner was promoted as Deputy District Attorney (DDA) on 07.11.2015. Petitioner remained posted at Chamba from 2016 to 2022 and at Mandi from 01.06.2022 to 02.02.2023. Petitioner served in the Directorate of Industries Shimla from 02.02.2023 to 06.10.2023 on his promotion as District Attorney (D.A.). Thereafter he remained posted at Agriculture University, Palampur w.e.f. 07.10.2023 to 01.01.2025. Vide impugned notification dated 01.01.2025, petitioner was transferred from Agriculture University Palampur to Chamba as D.A. 4. Learned Advocate General submitted that several Courts were facing problems on account of vacant posts of D.As. therein; Matter was accordingly discussed by the Competent Authority and proposal was moved for transfer of - 3 - the Prosecutors to fill up the vacancies; In the aforesaid proposal, petitioner was recommended for transfer from H.P. Krishi Vishwavidyalaya, Palampur to the office of Divisional Commissioner, Dharamshala; Petitioner was not the only one proposed to be transferred, several others were also proposed to be shifted. This was only for meeting out the shortage of the Prosecutors in several Districts. The aforesaid proposal also recommended condoning petitioner’s short stay at Palampur, as he had been posted at Palampur only on 07.10.2023; The transfer proposal was not based upon any political consideration. The record in this regard had also been produced. It was further submitted that while taking the aforesaid proposal of transfer of the petitioner to its logical conclusion, it transpired that petitioner’s close relation was in active practice at Dharamshala, therefore, the aforesaid proposal was not acted upon. It was in these circumstances, the petitioner had to be ordered to be transferred to Chamba vide impugned notification dated 01.01.2025. As against above, learned counsel for the petitioner submitted that as ADA, petitioner had already served for three years in Mandi from 2007-2010, at Nurpur - 4 - from 2010 to 2013 and as Deputy DA at Dehra from 2013- 2016, at Chamba from 2016 to 2022 and then again at Mandi from 01.06.2022 to 02.02.2023. The petitioner had already served for six years at Chamba as Deputy DA. Learned counsel for the petitioner submitted that the petitioner had repeatedly requested the authorities for his transfer to Kangra District or some other nearby District due to his family problems. Reference in this regard was invited to petitioner’s representation as forwarded by the Director of Prosecution to the Principal Secretary (Home), to the Government of Himachal Pradesh on 10.03.2022 (Annexure P-3) and representation dated 18.08.2023 (Annexure P-4). Learned counsel for the petitioner submitted that it was for the first time that the petitioner had been posted at District Kangra as DA in Agriculture University, Palampur. He has now been transferred under the impugned order from the aforesaid place after just about fourteen months. 5. The respondents- Prospection Department has projected its need to fill up the vacant posts of DAs in several Courts across the State. Petitioner belongs to State cadre. It is the prerogative of the respondents to consider its need and - 5 - on that basis to post the petitioner at an appropriate place in exigency of service. However, at the same time, it is also expected from the respondents to pay due consideration to the representations of the petitioner, seeking his adjustment in District Kangra or some other District nearby Kangra due to his alleged family problems and to pass appropriate orders thereupon. At this stage, learned counsel for the petitioner states that the petitioner would be satisfied in case he is permitted to file fresh representation to the Competent Authority, detailing his adverse family circumstances and the Competent Authority is directed to consider the same in accordance with law within a time bound schedule. The above course is not opposed by the learned Advocate General. Having regard to above submissions, this writ petition is disposed of by permitting the petitioner to file fresh representation within a week, which shall be considered and decided by respondent No.1/Competent Authority, in accordance with law, within a period of two weeks, thereafter. Till such time, the petitioner shall not be compelled to join at the transferred station and it will be open for the petitioner to - 6 - avail leave of the kind due. It is made clear that in case petitioner does not prefer representation within the aforesaid period, interim protection under this order shall stand vacated automatically. The decision so arrived at, shall be communicated to the petitioner. Jyotsna Rewal Dua Judge January 7, 2025 R.Atal