Transfers should norms not patronage : Himachal HC raps state for arbitrary use of power
Himachal Pradesh High Court has quashed a transfer order of the state horticulture department, calling it arbitrary and unconstitutional.
Himachal Pradesh High Court has quashed a transfer order of the state horticulture department, calling it arbitrary and unconstitutional.
The order was passed on Wednesday by a Single Bench of Justice Jyotsana Rewal Dua while hearing the matter titled M/s Maatri Medicity and Orthocare Hospital vs. State of H.P. & Ors., along with connected petitions.
The Supreme Court on Monday set aside the Himachal Pradesh High Court’s order staying the State government’s decision to shift the headquarters of the Himachal Pradesh Commission for Backward Classes from Shimla to Dharamshala, holding that such decisions fall squarely within the policy domain and have minimal scope for judicial interference.
The DHS’ order stated that she was not eligible to be considered for appointment, as the recruitment was for the 2011 batch.
The court stated, “Such training be made compulsory to all such officers who are holding or likely to hold such post, assigned duty under PP Act and/or HPLR Act.”
The petitioner has further alleged that roads have been constructed illegally by cutting trees from extremely dense forests without clearance under the Forest Conservation Act.
The court passed the order during a hearing of a Public Interest Litigation pertaining to illegal dumping of muck in the Govind Sagar Lake and its feeding Khuds or Nallahs.
The Division Bench comprising Justice Tarlok Singh Chauhan and Justice Virender Singh passed this order on a petition filed by the local residents alleging therein the destruction of the revered Kanlog Cemetery.
The court passed the order on public interest litigation (PIL) filed on the basis of a news item published on May 16.
The previous government had formulated a policy for re-engaging retired employees for a further period of one year on contractual basis so that the experience of such employees could be utilized meaningfully.