Extracted from the PDF above. The PDF is authoritative.
2026:HHC:15828
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 1866 of 2026
Decided on: 11.05.2026 Ms. (Dr.) Unnti Goyal
…….Petitioner
Versus
State of H.P. and others
… Respondents
Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Surinder Sharma, Advocate.
For the respondents : Mr. Rahul Thakur, Deputy
Advocate General for respondents –
State.
Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioner has assailed Annexure P-18, dated 07.02.2026, in terms whereof, the petitioner, who is serving as a Medical Officer, in Civil Hospital, Kandaghat, stood transferred to the Directorate of Health, Shimla.
2.
Learned Counsel for the petitioner submits that while serving at Kandaghat, disciplinary proceedings were initiated against the petitioner and vide Annexure P-17, order dated 05.02.2026, penalty of withholding with cumulative effect in the departmental proceedings was imposed upon the petitioner. He further submits that after imposition of said penalty within two days, the impugned transfer order was also passed, which order is thus punitive in
1 Whether reporters of the local papers may be allowed to see the judgment?
2
2026:HHC:15828 nature as when the petitioner suffered the penalty imposed, there was no occasion for the Authority to have had transferred the petitioner.
3.
This Court is of the considered view that in light of the fact that the departmental proceedings were initiated against the petitioner on account of some happening during her tenure as Medical Officer at Kandaghat, it would not be in the interest of the petitioner to insist upon her being posted at Kandaghat.
4.
At this stage, learned Counsel for the petitioner submits that then the petitioner be adjusted at a station of her choice.
5.
Let the petitioner file a representation in this regard within one week from today, mentioning therein five station of her choice where vacancy is available and appropriate call thereupon shall be taken by the competent Authority within three weeks as from the date of receipt thereof. It is clarified that ban imposed on transfers on account of ensuing Panchayati Raj elections shall not come in the way of the Authority in effecting transfer of the petitioner. Pending miscellaneous application(s), if any, also stand
disposed of accordingly.
(Ajay Mohan Goel)
Judge May 11, 2026 (narender)