Manphul Singh v. State Of Punjab Through Secretary

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 25.05.2026 Manphul Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA

Present:

Mr. Onkar Singh Batalvi, Advocate for the petitioner. ***** DEEPINDER SINGH NALWA, J. (Oral) In the present writ petition, the petitioner is praying for issuance of a writ in the nature of certiorari for quashing of the order dated 11.05.2026 (Annexure P-1) passed by respondent No.2, vide which the petitioner has been transferred from District S.A.S. Nagar (Rupnagar Range) to District Fazilka (Ferozepur Range). 2.

Learned counsel appearing on behalf of the petitioner submits that the impugned order dated 11.05.2026 (Annexure P-1) has been passed contrary to the transfer policy. He further submits that petitioner has been transferred on the direction of respondent No.6, who is the sitting MLA of the ruling party.

3.

Notice of motion.

4.

Mr. Rohit Ahuja, Deputy Advocate General, Punjab, accepts notice on behalf of respondents No.1 to 3. 5.

Learned State counsel, on instructions from Inspector Ranjir Kaur, O/o DGP, E-1 Branch, Punjab, Chandigarh, submits that -1-

the petitioner has been transferred from District S.A.S. Nagar (Rupnagar Range) to District Fazilka (Ferozepur Range) on account of the fact that the petitioner's wife is contesting election of Municipal Corporation and verbal complaints have been received alleging that the petitioner is supporting his wife during the Elections, as such, transfer order has been passed in the aforesaid circumstances. Learned State counsel further submits that after the conclusion of elections, in case the petitioner submits a representation against the transfer order dated 11.05.2026 (Annexure P-1), the respondents shall consider the case of the petitioner sympathetically for his re-posting to District S.A.S. Nagar (Rupnagar Range) or to a nearby range, in accordance with law and the applicable rules.

6.

In light of the statement made by learned State counsel, learned counsel for the petitioner, on instructions from the petitioner, submits that after the conclusion of the election of Municipal Corporation, liberty may be granted to the petitioner to file a representation for reconsideration of the transfer order dated 11.05.2026 (Annexure P-1) in light of the statement given by learned State counsel and a direction be given to the respondents to decide such representation submitted by the petitioner in a time-bound manner. He further submits that the petitioner undertakes to join at the transferred place of posting i.e. District Fazilka (Ferozepur Range), in compliance of the order dated 11.05.2026 (Annexure P-1). 7.

In view of the above and without commenting upon the merits of the case, the present petition is hereby disposed of with -2-

liberty to the petitioner to file a representation for reconsideration of the transfer order dated 11.05.2026 (Annexure P-1) after the election of Municipal Corporation is concluded. In case, such representation is filed by the petitioner, the same shall be considered and decided by the respondents in light of the statement made by learned State counsel and in accordance with law, within a period of 08 weeks from the date of submission of such representation by the petitioner. 8.

Pending application(s), if any, shall also stand(s) disposed of.

25.05.2026 (DEEPINDER SINGH NALWA) d.gulati JUDGE Whether speaking / reasoned :

Yes No Whether Reportable :

Yes No -3-