IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 6394 of 2010 Date of decision: 10.03.2011 ________________________________________________________________ Pritam Singh. .....Petitioner. Versus The State of H.P. & others. .....Respondents. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ________________________________________________________________ For the petitioner: Mr. Sanjeev Bhushan, Advocate. For the respondent: Mr. J.S. Guleria, Assistant Advocate General, for the respondents V.K. Sharma, J. (Oral). The petition has been filed on the following prayers vide para 6(i) and (ii): “6(i) That the action on the part of respondent is illegal, unlawful and arbitrary and is further discriminatory. It is further submitted that the action of the respondents is violative of their own guidelines for transferring the government incumbents, therefore is liable to be quashed and set aside. (ii) That the present petitioner is a low paid class-IV employee has though opted to serve in tribal areas but now just after a short span of one year, he has been shifted to a distance of 60 kms and which is causing undue hardship to the present petitioner, therefore, the order is liable to be quashed and set aside.” 1 Whether reporters of Local Papers may be allowed to see the judgment?No. ...2... 2. In reply, the respondents have taken the following stand vide para 3 of the preliminary submissions: “3. That the transfer and posting of the employees is the prerogative of the Govt. which is a normal administrative feature. A Govt. servant is liable to be transferred in the public interest any where, any time in the exigency of the service where the department have its administrative units as such the employee has no cause of action in such mattes against the employers. The detailed incumbencies of petitioner as well as respondent no. 4 & 5 are as under:- Petitioner: Name: Sh. Pritam Singh, Chowkidar. Date of Birth: 23.3.76. Date of Apt. 24.11.08. Home Distt. Kullu. Sl. No. Period of Posting Place of Posting 1. 24.11.2008 to 2.9.09 Nirmand Divn. 2. 3.9.09 to date Karcham Divn. From the kind perusal of above incumbencies, it is revealed that home Distt. Of petitioner is Kullu. The petitioner in his entire service career since 1999 to 23.11.2008 on daily wage basis w.e.f. 24.11.2008 to 2.9.09 on regular basis i.e. 11 years since his appointment in the respondent Deptt. remained posted in his Home Distt. Vide order dated 30.9.2010 he is temporarily transferred and posted within same Divn. on administrative grounds by respondent No. 3. In fact respondent No. 3 has now intimated that there is a complaint filed by Sh. Ratti Ram, Sweeper working in same place against the petitioner Sh. Pritam Singh to the extent that he is renting out Rest House Rooms at his own level without entering the same in Entry Register of Rest House Sangla and indulging in corrupt practice. The copy of complaint is annexed herewith as Annexure R-1. Its English Translation Annexure R-1/T. Against this complaint respondent No. 2 directed superintending Engineer, 11th Circle, Rampur to appoint Inquiry Officer to enquire the matter and thereafter send the fact finding report. The Superintending Engineer, 11th Circle, Rampur appointed sh. Parbarsar Singh, Asstt. Engineer, Ponda sub Division as Inquiry Officer who enquired the matter and submitted his fact findings report which also proves the fact that petitioner is indulging in corrupt practice and renting out the Rest House Rooms on abnormal rates but not reimbursing to Govt. or making entry in Rest House register. Beside this even one Sh. Sarv Pal Bawa, r/o Kotkapura Punjab who reside in RH ...3... Sangla on 17 & 18.9.2009 also written a complaint / letter to Hon'ble MLA Kinnaur that the petitioner Sh. Pritam Singh, Chowkidar had charged Rs. 2500/- as rent for his two days stay. The copy of complaint filed by Sh. Sarvpal Singh is annexed herewith as Annexure R-2 and its typed copy as Annexure R-2/T. The copy of enquiry report is annexed herewith as Annexure R-3. Keeping in view said complaints and fact finding enquiry report whereby prima facie it is proved that petitioner is indulging in corrupt practice as such respondent No. 3 Executive engineer, Karcham had rightly shifted him temporarily to Rest House Panda, that too, within same Division on administrative grounds thereby no cause of action accrued to the petitioner to file and maintain the present petition.” 3. In the facts and circumstances of the case, the petition is disposed of with a direction that subject to the petitioner making a representation alongwith a copy of this judgment to respondent No. 2 within two weeks from today, the same shall be considered and decided by the said respondent in accordance with law within next three weeks, after affording an opportunity of being heard to the petitioner, if so desired. 4. In view of the above, the petition stands disposed of, so also pending CMP(s), if any. 5. Interim say to continue till decision of the representation. Copy dasti. (V.K. Sharma) Judge 10th March, 2011 (virender)