High Court of Punjab and HaryanaLPA/1934/2016disposed of

Ramesh Babbar v. State Of Haryana & ORS

2016-09-28Ms. Justice Navita Singh,Mr. Justice Ashok Kumar Verma2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Letters Patent Appeal No.1934 of 2016 (O&M) Date of Decision: September 28, 2016 Ramesh Babbar ......Appellant versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE SUDIP AHLUWALIA.

*** Present: Mr.B.S.Badhran, Advocate, for the appellant. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J . (Oral) The instant intra-court appeal challenges the order dated 31.08.2016 whereby learned Single Judge has declined to interfere with the transfer order of the appellant from Panchkula to Karnal. The appellant is working as Assistant in the District Consumer Disputes Redressal Commission, Panchkula. On 23.08.2016, the StateCommission under the directions of its learned President issued a transfer order of 39 officials. By that order, the appellant has been transferred from Panchkula to Karnal.

The mitigating circumstance(s) pleaded by the appellant are that he is due for retirement on 31.04.2018, namely, hardly after 11⁄2 year and at this juncture it would be extremely difficult for his family to shift from Panchkula to Karnal and his two children are also studying at Mohinder Kumar Kamboj 2016.10.17 12:01 I attest to the accuracy and integrity of this document Chandigarh

LPA No.1934 of 2016 (O&M) [2] Panchkula.

We have heard learned counsel for the appellant. Learned Single Judge has rightly observed that transfer being an incidence of service, Writ Court would not interfere with the same. The mitigating circumstances or hardship, if any, caused by transfer can be well appreciated by the Competent Authority only. We, thus, dispose of this appeal with liberty to the appellant to submit a representation to learned President of the State Commission. We request the learned President of the State Commission to consider the appellant's representation sympathetically. Ordered accordingly.

[SURYA KANT] JUDGE September 28, 2016 [SUDIP AHLUWALIA] mohinder JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Mohinder Kumar Kamboj 2016.10.17 12:01 I attest to the accuracy and integrity of this document Chandigarh