IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.4142 of 2026 Decided on 21st April 2026 Prince Dadhwal …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. Yuyutsu Singh, Advocate. For the respondents: Mr. Rahul Thakur, Deputy Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- i. “Quash and set aside the impugned order No.P- I(5)-10-Single Order dated 21.03.2026 issued by respondent No.2 whereby the petitioner has been transferred to 4th IRBn, Jungle Beri, District Hamipur, as being illegal, arbitrary, unreasonable, malafide and violative of Articles 14 and 21 of the Constitution of India. ii. Issue a writ of mandamus or any other appropriate writ directing the respondent authorities to retain the petitioner at Distrito lice Lines, Dharamshala, District Kangra, in accordance with the order dated 16.03.2026 passed on medical grounds or at any other suitable posting within Ditrict Kangra where the petitioner can have access to his medical treatment and family support.” 2 2. Facts necessary for the adjudication of this petition are that the petitioner, who was serving in State CID Department, was transferred to 4th IRBn vide Annexure P-3 dated 17.02.2026. The petitioner filed a representation to the Director General of Police for his adjustment in the light of the fact that he was suffering from Brain Tumor. In terms of Annexure P-5 dated 16.03.2026, the transfer of the petitioner to 4th IRBn was cancelled and he was adjusted in District Kangra. According to the petitioner, he joined there on 19.03.2026. His grievance is that in terms of office order dated 21.03.2026 (Annexure P-6), he has again been transferred from District Kangra to 4th IRBn, Jangle Beri. 3. The stand of the Department in its reply is that petitioner was transferred from the State CID to 4th IRBn on complaint basis, but was adjusted in District Kangra on medical grounds. However, he again had to be transferred out of District Kangra, as it was learnt that he was indulging in undesirable activities. 3 4. This Court is of the considered view that in the peculiar facts of this case, the impugned transfer order is not sustainable in the eyes of law. The petitioner was adjusted in District Kangra in terms of order dated 16.03.2026 (Annexure P-5) and he joined in District Kangra on 19.03.2026. The impugned order has been passed on 21.03.2026 and this Court can safely draw an inference that process for the cancellation of order dated 16.03.2026 obviously stood initiated in the police headquarters much before the passing of impugned order, which is dated 21.03.2026. 5. Now, in the light of the fact that the petitioner joined in District Kangra only on 19.03.2026, it is not understood that in two days, he indulged in what undesirable activities. 6. In the reply, the only reason mentioned to justify the transfer is that it was learnt that the petitioner was indulging in undesirable activities without disclosing as to what those undesirable activities were. The Authorities could not have cancelled the transfer order just after 5 days without very very cogent reasons and this Court does not finds any cogent reason either in the impugned order or in the reply justifying 4 passing of the impugned transfer order dated 21.03.2026. If indeed, the petitioner was indulging in undesirable activities, then also, this Court is of the considered view that ordinarily transfer is neither a panacea nor it can be used as a tool to punish an employee and initiation of proper departmental proceedings is the only way out. 7. Accordingly, in the light of the above discussion, this petition is allowed. Annexure P-6, dated 21.03.2026 is quashed and set aside and the respondents are directed to allow the petitioner to continue to serve in District Kangra for a reasonable tenure. 8. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge April 21, 2026 (Vinod)