Pardeep Kumar Si No. 70/Jjr v. State Of Haryana And Others

CWP No.5950 of 2015 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.5950 of 2015 (O&M) Date of decision: 31.03.2015 Pardeep Kumar ... Petitioner Vs.

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL 1.

Whether reporters of local newspapers may be allowed to see judgment?

2.

To be referred to reporters or not?

3.

Whether the judgment should be reported in the Digest? Present:- Dr. Suresh Kumar Redhu, Advocate for the petitioner.

AMIT RAWAL J.

Petitioner has approached this Court by challenging the transfer order dated 09.03.2015 (Annexure P-3), whereby, the petitioner had been transferred from Jhajjar to Sonipat, thrice on administrative grounds within eight months. The petitioner is stated to be suffering from heart disease taking treatment in Jhajjar. It has been stated that petitioner had filed a writ petition bearing No.23103 of 2012, which is pending for 07.05.2015. During the pendency of the writ petition, he was promoted to the rank of Officiating Sub Inspector w.e.f. 27.06.2014 and while granting promotion, he was not given benefits as was given to the juniors in the reserve category and the said action was challenged and as a SAVITA DEVI KADIAN 2015.04.21 13:39 I attest to the accuracy and authenticity of this document High Court Chandigarh

CWP No.5950 of 2015 (O&M) result thereof, he was transferred to district Rohtak on 27.06.2014. On his request, as he was suffering from heart disease and taking treatment in Jhajjar, was again transferred from district Rohtak to district Jhajjar on 24.08.2014 and thereafter, on 24.11.2014, was transferred from district Jhajjar to Police Lines, Sonipat. Thereafter, on his request, he was again transferred back from district Sonipat to district Jhajjar on 15.1.2015 and vide impugned order dated 09.03.2015, he was again transferred from district Jhajjar to district Rohtak.

From the aforementioned contentions/averments, it is evident that petitioner appeared to be influential person as on many occasions, he had been able to obtain transfer of his own choice. The interference in the order of transfer is not warranted, much less, falls within the realm of judicial review, unless, actuated by malafide or arbitrariness, is always on the administrative grounds. Thus, no interference is warranted in the transfer order dated 09.03.2015 (Annexure P-3).

Accordingly, the writ petition is dismissed.

(AMIT RAWAL) JUDGE March 31, 2015 savita SAVITA DEVI KADIAN 2015.04.21 13:39 I attest to the accuracy and authenticity of this document High Court Chandigarh