DATE OF JUDGEMENT:
14th December 2020
BENCH:
Justice Tarlok Singh Chauhan
Justice Sandeep Sharma
PARTIES:
Manjeet Kumar …………............ (Petitioner)
State of H.P & Ors.........................(Respondent)
SUBJECT
The recipient of the D.O note cannot approach the court for ventilating the grievances that he/she has been transferred based on the D.O note.
ISSUE
- Whether the transfer order based on the D.O note is maintainable?
AN OVERVIEW
- The petitioner was aggrieved by the order of transfer.
- Therefore, he had filed a petition before the Court and asked for the transfer order to be quashed and set aside.
- He had requested the respondent to kindly direct that he may be adjusted at the Govt. Sr. Sec.
- The petitioner has also asked the Court whether the reporters of the local papers would be allowed to see the judgement. The Court had allowed it.
ANALYSIS OF JUDGEMENT
- The Court relied upon the judgement of Anita Rana’s case.
- The proposition involved in this case was relevant to the present petition.
- It was held in that case, the recipient/beneficial of a D.O note at an earlier occasion, which led to the transfer, cannot approach the Court for ventilating the grievances that he/she has been transferred based on D.O note.
- In the present case, the petitioner had challenged on the ground that, the order has not been passed in administrative exigency or public interest but based on the said note, which is not sustainable.
- Respondent No.4 had contested that the petitioner has concealed the fact that he was the recipient of the D.O.note, while he was on deputation at Gov. Sr.Sec. Therefore he is not entitled to raise the issue concerning said note.
- So the petitioner himself, on an earlier occasion, has transferred based on the said note, therefore, this petition, at his instance, complaintof transfer is not maintainable.
CONCLUSION
After following the similar case laws, the Court came to the conclusion that the Court had found no merit in the petition, therefore, it was dismissed and the parties were left to bear their costs.
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