IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T)No. 1629 of 2008. Date of decision: 27.7.2009 Rakesh Kumar …. Petitioner Versus State of H.P & ors. .... Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr.Justice Surinder Singh, J. Whether approved for reporting ? No For the petitioner: Mr.B.R.Kashyap, Advocate. For the respondents: Sh.R.K.Bawa, Advocate General with Sh.R.M.Bhisht, Dy.Advocate General, for the respondents No.1 to 3. _____________________________________________________ Deepak Gupta, J.(Oral) The petitioner who is working as a Beldar with the Animal Husbandry Department by means of this writ petition has challenged the order dated 20.6.2008 whereby he has been ordered to be transferred from Veterinary Dispensary, Ghagar, District Solan to Veterinary Hospital, Kunihar, District Solan. Admittedly the distance between these two stations is only 10 kms. The only ground of challenge to the transfer is that the petitioner is a daily waged 2 employee and, therefore, cannot be transferred. It is also submitted by Sh.B.R.Kashyap, learned counsel for the petitioner that in case the petitioner is forced to go to Kunihar, he shall spend most of his earnings in transportation only. We have considered the matter in detail. We find that the petitioner has only been transferred to Veterinary Hospital, Kunihar at the distance of 10 kms. When the distance is only 10 kms., this Court cannot exercise its powers unless it is shown that the action is arbitrary or mala fide. In the present case, there is no allegation of arbitrariness or mala fides. In view of the aforesaid facts, we find no merit in the petition which is accordingly rejected. The stay order stands vacated. ( Deepak Gupta ) Judge July 27, 2009 (Surinder Singh) (m) Judge