Anil Kumar Sharma Vs State of HP (HPHC)

Anil Kumar Sharma Vs State of HP

Civil Writ Petition No. 7634 of 2012 Decided on : 19-10-2012

( Before : Rajiv Sharma, J; Deepak Gupta, J )

Counsel for Appearing Parties

Dalip Thakur and R.S. Chandel, for the Appellant; Vivek Singh Thakur, Add. Advocate Gen., for the Respondent

JUDGMENT

Rajiv Sharma, J.—Petitioner was promoted to the post of Superintendent Grade-II and posted at Sangrah, District Sirmour, H.P. He was promoted to the post of Superintendent, Grade-I on 30.4.2012 and was posted at HPPWD 12th Circle, Nahan. He joined his duties on 1.5.2012. Petitioner has been transferred from the office of respondent No. 2 to the office of Engineer-in-Chief, HPPWD, Shimla vide respondent No. 3 on 6.9.2012. He has to superannuate on 30.11.2012. It is evident from the notification dated 6.9.2012 that the petitioner has been transferred from Nahan to Shimla only to accommodate the respondent No. 3. The scope of judicial review in transfer matters is very limited. However, when the transfer order is actuated with legal mala fides and arbitrary and the same has been issued just to accommodate a particular person without any plausible reason, the Court may intervene. The respondents-State has also not taken into consideration the fact that the petitioner is going to superannuate on 30.11.2012. The respondents-State has only filed a short reply, in which it is averred that the transfer of the petitioner has been made on administrative grounds and in the public interest after completing all the codal formalities with the approval of the competent authority. Neither any administrative ground nor any administrative exigency has been reflected in the reply filed by the respondents-State.

2. Consequently, the action of the respondents-State to transfer the petitioner without permitting him to complete his normal tenure and without taking into consideration the date of retirement i.e. 30.11.2012 is illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India. Accordingly, the present petition is allowed and the notification dated 6.9.2012, Annexure-P-2 is quashed and set aside. The petitioner shall be permitted to perform his duties at Nahan till his retirement. The pending applications, if any, shall also stand disposed of.