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High Court of Punjab and HaryanaCWP/12246/2018disposed of

Subhash Chander (C-No.89) v. State Of Haryana And Others

2020-03-05Mr. Justice A.B. Chaudhari2 pages

CWP No. 12246-2018

IN THE HIGH COURT OF PUNJAB ANDHARYANA AT

CHANDIGARH CWP No. 12246-2018 Date of decision:-05.03.2020 Subhash Chandr (C-No. 89) .....Petitioner vs.

State of Haryana and ors.

....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Ms. Sharmila Sharma, Advocate for the petitioner.

Mr. Apoorv Garg, DAG, Haryana RITU BAHRI, J.(Oral) Petitioner is seeking quashing of order dated 19.03.2018 (P-4) passed by respondent No. 3 whereby petitioner has been ordered to be transferred from Haryana Roadways Rohtak Depot to Haryana Roadways Faridbad Depot.

On 15.05.2018 this Court while issuing notice of motion passed the following order:- "It is inter alia contended by learned counsel for the petitioner that the petitioner was transferred to Rohtak on 19.05.2017 and by impugned order of 19.3.2018 (Annexure P-4) is being transferred back to Faridabad. This is violative of the policy of transfer, which provides that an employee is not to be transferred from his current place of posting, before he has completed two years of service except for compelling administrative reasons. No compelling administrative reasons are forthcoming from the impugned order.

GAURAV ARORA 2020.03.16 11:20 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 12246-2018 Notice of motion for 03.08.2018.

Meanwhile, Operation of order dated 19.03.2018 (Annexure P-4 ), is stayed."

As per transfer policy, the petitioner is not to be transferred before he completes two years of service.

Keeping in view the fact that now the petitioner has completed two years of service at one station, the present petition stands disposed of and the department can reconsider his case for transfer in accordance with transfer policy.

(RITU BAHRI) 05.03.2020 JUDGE G Arora Whether speaking/reasoned :

Yes Whether reportable :

No GAURAV ARORA 2020.03.16 11:20 I attest to the accuracy and integrity of this document Chandigarh