IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 7337 of 2010. Decided on 5.01.2011 Sh. Rumel Singh ..…Petitioner. Versus The Himachal Pradesh State Electricity Board Ltd.,and another …… Respondents. _____________________________________________________ Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Anuj Gupta, Advocate. For the respondents : Mr. Sashi Shirshoo, Advocate V.K.Sharma, Judge (Oral) The petitioner is working as Junior Engineer. He is to retire within next two years. Earlier he was posted at Suni in District Shimla from where he was transferred to Jawali in District Kangra vide office order dated 6.3.2010, Annexure P-2. Now within about seven months he has again been transferred from Jawali, District Kangra to Suni, District Shimla and has been relieved vide office order dated 28.10.2010, Annexure P-3. 2. Against the above back drop, the petition has been filed on the following prayer: “ (i) That the impuged order dated 28.10.2010, vide Annexure P-3 may kindly be set aside and quashed and thereby the petitioner may be allowed to continue as J.E. (E), HPSEB Ltd, Sub Division Fatehpur, Division Jawali till the completion of his normal tenure.” 1 Whether reporters of the local papers may be allowed to see the judgment? 2 3. In reply/counter affidavit filed on behalf of respondent Nos. 1 and 2, the following stand has been taken vide relevant portion of preliminary submissions: “ It is further submitted that the controlling office of the petitioner i.e. Sr. Executive Engineer, Elect. Division, Jawali vide his letter dated 26.10.2010 ( Copy annexed as Annexure-RA-II) has intimated that the petitioner Sh. Rumel Singh, JE mostly remained willfully absent and not performed his duty with proper devotion and punctuality. Besides, this he as been advised/directed number of times to resume his duty and perform his duty properly, but e has not bothered for the same and remained willfully absent from duty with effect from 4.8.2010 continuously and has not joined his duties till date. In view of this, the petitioner has not been performing the duty at his present place of posting therefore he is required to be shifted from there to other unit of the Board. This being so the petition deserves outright dismissal.” 4. In view of the above, the petition is disposed of with a direction that subject to the petitioner making a representation to respondent No.1 along with copy of this judgment within a fortnight from today, the said respondent shall consider the same and take a final decision in the matter within next fortnight in accordance with law and justice by taking into consideration the above contention raised on behalf of the petitioner that he is to due to retire within next two years and as per the declared Government Policy such employees are given places of their choice as far as possible, after affording an opportunity of being heard to the petitioner, if so desired. Till the then interim order dated 25.11.2010 to continue. 3 5. The petition stands disposed of, so also pending CMP (s), if any. Copy dasti. (V.K. Sharma) Judge 5th January, 2011. (jai)