2026:HHC:14846 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 6462 of 2026 Decided on: 06.05.2026 Mohit Sahgal …….Petitioner Versus State of Himachal Pradesh and another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1Yes _____________________________________________________ For the petitioner : Mr. Tara Singh Chauhan, Senior Advocate with Mr. Surya Chauhan, Advocate. For the respondents : Mr. Pushpender Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has prayed for issuance of a direction to the respondents to relieve him so that transfer order dated 09.12.2025 could be implemented and the petitioner could join at the station, to which, he stands transferred. 2. Though, reply to the petition has not been filed, however, learned Additional Advocate General has handed over instructions received from the Director Food and Civil Supplies and Consumer Affairs, Shimla, in terms whereof, the Court stands informed that the reason as to why the petitioner is not being relieved is due to the paucity of staff. A perusal of the instructions 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:14846 also demonstrates that out of the five transferred incumbents, two have been relieved and three have not been relieved. 3. This Court is of the considered view that the issue of paucity of staff should have been taken into consideration by the Department at the time of issuing the transfer orders and it cannot be taken as a ground not to relieve the petitioner and deprive him from joining at the new place of posting. This act of the Department indeed is arbitrary. 4. Due application of mind is expected from the Authority when it passes transfer orders and it is presumed that everything was taken into consideration by the Authority at the time when the transfer order was passed, including the factum of the employees manning the posts at the various stations, including the Headquarters. After the issuance of the transfer orders, the Authority cannot sit over the same and ponder as to whether the same is to be implemented or not. Relieving cannot be arbitrarily denied to an incumbent and if the Authority otherwise is of the considered view that it is not feasible to let go the transferee, then nothing prevented the Department from cancelling the transfer order which was passed as far back as on 09.12.2025. 5. In light of the above discussion, this writ petition is allowed and disposed of with the direction that either a formal order 3 2026:HHC:14846 be passed by the Authority concerned, relieving the petitioner from his present place of posting, by 8th of May, 2026, otherwise the petitioner shall be deemed to be relieved and will be at liberty to join the transferred station on 11.05.2026 or thereafter. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge May 06, 2026 (narender)