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2026 DAILYLAW 19573 (HP)

SHER SINGH v. STATE OF HP AND ORS

CWP/61/2025 · 2026-08-17

Ajay Mohan Goel

body2026

Judgment text

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2026:HHC:34554 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.61 of 2025 Decided on: 17.08.2026 Sh. Sher Singh … Petitioner Versus State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner: Mr. V.S. Chauhan, Senior Advocate, with Mr. Arsh Chauhan, Advocate. For the respondents: Mr. Pushpinder Jaswal, Additional Advocate General, for respondents No.1 to 3-State. No notice issued to remaining respondents. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- “a) To issue writ of mandamus or direction in nature thereof with the direction to the respondents to withdraw Annexure P-3 (qua petitioner), keeping in view the provisions/clauses of Transfer Policy and transfer and order to post petitioner at the place of his choice or to retain him at District Hospital Kullu, where the post of driver is lying vacant. b) To/quash and set aside Annexure P-3 (qua petitioner), being illegal, arbitrary, wrong and nonest in the eyes of law.” 2. When this case was listed on 02.01.2025, the following order was passed:- “CWP No. 61 of 2025 Notice confined to respondents No. 1 to 3 at this stage. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:34554 Mr. Pushpender Jaswal, learned Additional Advocate General, accepts notice on behalf of said respondents. Reply, as prayed for, within six weeks. CMP No. 77 of 2025 Notice and reply in above terms. Learned Senior Counsel appearing for the petitioner apprises the Court that in terms of the impugned transfer order, the petitioner, who was posted in the office of CMO, Kullu, only in the month of March, 2024, has been transferred to the tribal area of Lahaul and Spiti, without allowing him to complete the normal tenure at Kullu, whereas the proforma respondents impleaded in the writ petition are serving at Kullu only for the last more than 33 years without being transferred to any other station. In light of the submissions made by learned Senior Counsel for the petitioner, as prima facie the transfer of the petitioner appears to be an act of colourable exercise of power, therefore, operation of office order dated 18.12.2024 (Annexure P-3) qua the petitioner is hereby stayed. Respondents are directed to ensure that the petitioner continues to serve as Driver in the office of CMO Kullu de hors he stands relieved or not.” 3. On the strength of the interim protection granted by the Court, the petitioner is still continuing at the present place of posting. The normal tenure of the petitioner at the present place of posting shall be completed in the month of March, 2027. 4. Now, as only about 6 to 7 months period is left for completion of the normal tenure of the petitioner at the present place of posting, this petition is disposed of by quashing the impugned 3 2026:HHC:34554 transfer order, but with the observation that immediately after completion of the tenure of the petitioner, which will be over in the month of March, 2027, the respondents shall be at liberty to transfer the petitioner as per administrative exigencies. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 17, 2026 (Rishi)