Pawan Kumar vs. The State Of Hp And Others
Held
The Court disposed of the petition by directing the respondents to consider and decide the petitioner's pending representation dated 28.05.2025 expeditiously, preferably within two weeks. The authority concerned was directed to afford an opportunity of hearing to the petitioner and pass a detailed speaking order, taking into account the Transfer Policy of the Government of Himachal Pradesh and the judgments of the Apex Court in State of Rajasthan and Others Vs. Anand Prakash Solanki, Public Services Tribunal Bar Association Vs. State of U.P. and Another, and B. Varadha Rao Vs. State of Karnataka and Others. The petitioner was granted liberty to file appropriate proceedings if still aggrieved. The issue of the validity of the transfer itself was not decided on merits.
Facts
The petitioner, Shri Pawan Kumar, challenged his transfer from the Central (Enforcement) GST Zone, Una to the South (TAU) GST Zone, Parwanoo. The respondents, State of H.P. and Others, submitted that the transfer was made in larger public interest due to a shortage of ASTEOs in the Parwanoo zone compared to the Una zone, for better administration and manpower management. The petitioner had submitted a representation dated 28.05.2025 against the transfer, which was under consideration. The petitioner expressed satisfaction if this representation could be decided within a time-bound manner.
Key Issues
1. Whether the transfer of the petitioner, Shri Pawan Kumar, from Central (Enforcement) GST Zone, Una to South (TAU) GST Zone, Parwanoo, is in larger public interest and for administrative exigency, as claimed by the respondents. Petitioner's Contention: The petitioner sought a time-bound decision on his representation dated 28.05.2025 challenging the transfer. The petitioner relied on the principle that representations should be considered expeditiously. Respondents' Contention: The respondents argued that the transfer was made in larger public interest due to manpower shortage in the Parwanoo GST Zone, for better administration and effective management of ASTEOs. They stated that the petitioner's representation was under consideration.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9807 of 2025 Date of Decision: 02.07.2025 __________________________________________________________ Shri Pawan Kumar …….Petitioner Versus State of H.P. and Others
….Respondents __________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioners: Mr. Vikas Rajput and Mr. Shubham Sood, Advocates. For the Respondents: Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. __________________________________________________________ Sandeep Sharma, Judge (oral): Pursuant to order dated 18.06.2025, learned Additional Advocate General has placed on record communication dated 30.06.2025, issued from the office of Commissioner of State Taxes and Excise, Himachal Pradesh, perusal whereof reveals that impugned transfer of the petitioner from Central (Enforcement) GST Zone, Una (GST Wing) to South (TAU) GST Zone Parwanoo (GST Wing), against vacant post, has been made in larger public interest, due to shortage of ASTEO’s in GST Zone Parwanoo as compared to Cen
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