High Court of Punjab and HaryanaCWP/16780/2017dismissed

Satya Singh v. State Of Haryana And ORS

2018-10-16Mrs. Justice Raj Rahul Garg2 pages

CWP No. 16780 & 21228 of 2017 -1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 1.

CWP No. 16780 of 2017 Satya Singh ....Petitioner versus State of Haryana and others ..Respondents 2.

CWP No. 21228 of 2017 Naveen Hooda ....Petitioner versus State of Haryana and others ..Respondents Date of Decision:16.10.2018 CORAM: HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Sandeep Thakan, Advocate for the petitioner in CWP No. 16789-2017 Mr. Eklavya Gupta, Advocate for the petitioner in CWP No. 21228-2017 Mr. Kiran Pal Singh, A.A.G. Haryana **** RITU BAHRI , J.

This order shall dispose of the above two noted petitions, as common question of facts are involved in both the petitions. Initially, the petitioner-Satya Singh has approached this Court challenging transfer order dated 21.07.2017 (Annexure P-3 in CWP No. 16780-2017) on the ground that he was posted as Clerk only on 27.03.2017 at Bhiwani and he was transferred to Rohtak, vide impugned transfer order dated 21.07.2017 just to accommodate respondent No. 4/petitioner-Naveen Hooda, who is posted as Clerk in Bhiwani for about 6 years. The transfer is also against the policy (Annexure P-4) which stipulates that no person shall be transferred for a period of two years.

During pendency of CWP No. 16780-2017, the respondents have Gaurav Arora 2018.10.17 14:49 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 16780 & 21228 of 2017 -2cancelled the transfer order dated 21.07.2017 qua petitioner Satya Singh, vide order dated 13.09.2017 (Annexure P-8 in CWP No. 21228-2017) and this order as well as order dated 01.09.2017 (Annexure P-6 in CWP No. 21228-2017) has now been challenged by petitioner-Naveen Hooda, by filing CWP No. 21228-2017 whereby petitioner has been transferred from Bhiwani to Rohtak.

In this writ petition, reply has been filed by the respondent-State taking a stand that keeping in view the long stay of the petitioner-Naveen Hooda at Bhiwani w.e.f 07.05.2012, the competent authority has decided to transfer him to NCC Group Headquarter, Rohtak, vide order dated 06.06.2017. The petitioner also joined at Rohtak, vide joining report dated 16.06.2017. However, subsequently, the order dated 06.06.2017 was cancelled, vide order dated 21.07.2017 and petitioner-Satya Singh was posted at Bhiwani in place of Naveen Hooda.

Since now the order dated 01.09.2017 has been passed on administrative grounds, no ground is made out to quash orders dated 01.09.2017 and 13.09.2017.

Accordingly, CWP No. 21228-2017 stands dismissed and since the petitioner-Satya Singh has been transferred at Bhiwani, in view of transfer policy (Annexure P-4) which stipulates that no person shall be transferred for a period of two years. So, CWP No. 16780-2017 is dismissed as having become rendered infructuous.

(RITU BAHRI) JUDGE 16.10.2018 G Arora Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2018.10.17 14:49 I attest to the accuracy and integrity of this document Chandigarh