Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CWP No.5383 of 2026
Decided on 17th April, 2026 Jawahar Lal
…Petitioner Versus State of Himachal Pradesh and others
…Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Ajay Sharma, Advocate.
For the respondents: Mr. Pushpinder Jaswal, Additional
Advocate General.
Ajay Mohan Goel, Judge (Oral)
Notice confined to respondents No.1 to 3 at this stage only. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of respondents No.1 to 3.
2.
Learned counsel for the petitioner while drawing the attention of the Court to Annexure P-1 dated 07.04.2026 submits that in terms whereof the petitioner has been transferred from GSSS Salgran (L&S) to GHS Badol u/c GSSS Korag (Sirmour). He submits that though the tenure of the petitioner is complete, but, as the petitioner has been appointed as a BLO for the forthcoming Panchayat Election, he could not have been transferred in the light of Annexure P-2, communication dated 06.04.2026, in terms
whereof, there is a complete ban on transfer in lieu of the forthcoming Panchayat Election.
3.
Learned Additional Advocate General submits that the transfer order will be given effect to only after the elections are over. His statement is taken on record.
4.
The petition is disposed of with the direction that till the lifting of the ban on transfer, which has been imposed on account of the ensuing Panchayat Election, the transfer order shall not be given effect as the petitioner has been appointed as a BLO for the said election. The petitioner shall be allowed to continue to serve at his present place of posting till the elections are over and the private respondent shall also be instructed to perform her duties at the former station till the ban on transfer is not recalled. Therefore, the petitioner shall join the station to which he stands transferred forthwith and his non-joining shall be construed as disobedience of this order.
5.
Pending miscellaneous applications, if any, also stand
disposed of.
(Ajay Mohan Goel)
Judge April 17, 2026 (Vinod)