Balwinder Singh v. State Of Haryana And ORS

VARINDER SINGH 2021.07.02 12:19 I attest to the accuracy and integrity of this document Punjab & Haryana High Court at Chandigarh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CM-7054-CWP-2021 in/and CWP-13026-2018 Date of Decision: 01.07.2021 BALWINDER SINGH ...PETITIONER V/S STATE OF HARYANA AND ORS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Ms. Rajni Gupta, Additional A.G., Haryana.

for the applicant.

Mr. Raj Kumar Bhatia, Advocate, for the non-applicant/petitioner.

(Presence marked through Video Conference) -.- ARUN MONGA, J. (ORAL) CM-7054-CWP-2021 For the reasons stated in the application, main case itself is taken up on Board today, which is otherwise slated for hearing on 27.09.2021. After hearing the arguments of learned counsel for the applicant, it is deemed appropriate that instead of hearing the application and passing orders in piece meal, main case itself is heard. Application stands disposed of.

Main case Petitioner, working as Range Forest Officer, was transferred to Narwana vide order dated 10.05.2018. Within five days thereafter, before completion of his tenure at Narwana, a corrigendum dated 15.05.2018 was issued transferring him to Hisar. Learned counsel contends that even earlier transfer order dated 10.05.2018 was illegal since prior thereto petitioner on 08.12.2017, just about five months earlier, had been posted to Sirsa.

VARINDER SINGH 2021.07.02 12:19 I attest to the accuracy and integrity of this document Punjab & Haryana High Court at Chandigarh 2.

From the averments of the petition as also the arguments of learned counsel for the petitioner on the same lines, it is contended that petitioner was arbitrarily and illegally transferred as many as six times in a short span of 01 year and 04 months, without allowing him to complete his tenure of posting at any single place.

3.

Be that as it may, the aforesaid grievance of the petitioner stands mitigated by virtue of an interim order dated 22.05.2018 passed by this Court vide which impugned transfer order was stayed. In the interregnum commencing from the day of grant stay on the operation of the impugned order and till date, it has now been more than 3 years. Concededly, petitioner has completed his normal tenure of posting at one place and is now due for general transfer.

4.

In the premise, no grounds are made out for continuation of any further proceedings in the present writ petition. 5.

Writ petition is, accordingly, disposed of by vacating the interim stay order with liberty to the respondents to proceed in accordance with law, in case they wish to transfer the petitioner during the forthcoming general transfers or otherwise.

01.07.2021 Vandana Whether speaking/reasoned:

Yes/No (ARUN MONGA) JUDGE Whether reportable:

Yes/No