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High Court of Punjab and HaryanaCWP/12367/2021dismissed

Parmod Kumar v. State Of Haryana And Others

2021-07-12Mr. Justice Arun Monga2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 12367 OF 2021 DATE OF DEICISON : 12.07.2021 Parmod Kumar

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Rajesh K. Kataria, Advocate, for the petitioner.

Mr. Saurabh Mohunta, AAG, Haryana.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) Petition herein, inter-alia, is for issuance of a writ in the nature of certiorari for quashing the order dated 01.07.2021 (Annexure P-2), passed by respondent No.2, vide which the petitioner has been transferred from Rohtak to Panchkula, 2.

Learned counsel for the petitioner submits that the petitioner has been transferred from Rohtak to Panchkula by respondent No.2, in order to accommodate respondent No.4, whereas petitioner has not even completed his probation period after promotion to the post of Head Electrician. He further contends that earlier also the petitioner was transferred from Rohtak to Charkhi Dadri in order to accommodate one Mr. Rakesh Kumar, Head Electrician. The said order was stayed by this court vide order dated 29.10.2020 passed in CWP No.10103 of 2020. In order to harass the petitioner, respondent No.2 has again

transferred him. He further submits that the present transfer is in violation of online transfer policy of State of Haryana.

4.

I have heard learned counsel for the petitioner and have gone through the case file.

5.

Transfer being matter of administrative exigency, this court generally interferes, if at all, very cautiously. Transfer is not a punishment but an essential aspect of service, particularly on a transferable post. 7.

The impugned transfer order dated 01.07.2021 (Annexure P-2) does not call for any interference by this court, in exercise of its extraordinary writ jurisdiction vested under Article 226 of the Constitution of India. 6.

Dismissed.

JULY 12, 2021 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No