George Masih v. State Of Punjab And Others

CWP-15359-2023 -1- 2023:PHHC:092497

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-15359-2023 Date of Decision: 20.07.2023 George Masih .... Petitioner

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Present:

Mr. Vipin Mahajan, Advocate for the petitioner.

Mr. Paramjit Batta, Addl. A.G., Punjab.

***** SANJEEV PRAKASH SHARMA , J (ORAL) 1.

This is a civil writ petition filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the order dated 16.06.2023 (Annexure P-3), whereby the petitioner has been transferred from Dera Baba Nanak, District Gurdaspur to Kalanaur, District Gurdaspur.

2.

Learned counsel for the petitioner submits that the petitioner is a 50% permanent handicapped person and he has been transferred from Dera Baba Nanak, District Gurdaspur to Kalanaur, District Gurdaspur. 3.

I have heard learned counsel for the petitioner at length and have considered the submissions.

4.

In the opinion of this Court, the posting in the same district cannot come within the ambit of a transfer of a person from one place to another. An Officer or an employee posted in different offices in the same district cannot be said to be having difficulties in performing his duty. In DINESH BANSAL 2023.07.25 10:28 I attest to the accuracy of this order Chandigarh

CWP-15359-2023 -2- 2023:PHHC:092497 view thereof, the policy sought to be invoked by the petitioner would have no application in posting within the same district. 5.

Keeping in view the above, the present petition is devoid of any merits and accordingly, the same is dismissed. (SANJEEV PRAKASH SHARMA) 20.07.2023 JUDGE D.Bansal Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DINESH BANSAL 2023.07.25 10:28 I attest to the accuracy of this order Chandigarh