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PRAVEEN KUMAR v. THE STATE OF HIMACHAL PRADESH

Supreme Court of India | Diary 10038/2021

Status

ROP - of Main Case

Decided On

29-07-2025

Bench

HON'BLE MR. JUSTICE MANOJ MISRA and HON'BLE MR. JUSTICE UJJAL BHUYAN

Petitioner

PRAVEEN KUMAR

Respondent

THE STATE OF HIMACHAL PRADESH

Primary Holding

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Full Judgment Text

ITEM NO.20 COURT NO.16 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6332/2021 [Arising out of impugned final judgment and order dated 31-03-2021 in CWP No. 1387/2021 passed by the High Court of Himachal Pradesh at Shimla] PRAVEEN KUMAR Petitioner(s) VERSUS THE STATE OF HIMACHAL PRADESH & ORS. Respondent(s) IA No. 55463/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 55462/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT Date : 29-07-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MANOJ MISRA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) : Miss Tulika Prakash, AOR (Not present) For Respondent(s) : Mr. Divyanshu Kumar Srivastava, AOR Mr. Saurabh Pandey, Adv. UPON hearing the counsel the Court made the following O R D E R 1. Case called out. None is present for the petitioner. Learned counsel for the respondent-State is present. 2. The learned counsel for the respondent-State has invited our attention to the Order dated 05.07.2021 which reads thus:

“1. We are not inclined to interfere with the judgment of the High Court, rejecting the grievance of the petitioner in regard to the legality of his transfer. The finding of fact is that the petitioner had completed his normal tenure. 2. However, we issue notice limited to the question as to whether any guidelines have been issued by the State Government regulating the making of transfers on the basis of DO notes.” 3. It is submitted that pursuant to the directions of this Court to frame policy guidelines, policy has been framed vide Office Memorandum dated 10.07.2013 which has been supplemented by Office Memorandum dated 01.11.2013. 4. We have perused the aforesaid office memorandums. In our view, guidelines are comprehensive. We, therefore, deem it appropriate to close the proceedings. The special leave petition stands dismissed. 5. Pending application(s), if any, shall stand disposed of. (RASHI GUPTA) (SAPNA BANSAL) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.27 COURT NO.4 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6332/2021 [Arising out of impugned final judgment and order dated 31-03-2021 in CWP No. 1387/2021 passed by the High Court of Himachal Pradesh at Shimla] PRAVEEN KUMAR Petitioner(s) VERSUS THE STATE OF HIMACHAL PRADESH & ORS. Respondent(s) (IA No. 55463/2021 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 55462/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 11-02-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) : Miss Tulika Prakash, AOR For Respondent(s) : Mr. Divyanshu Kumar Srivastava, AOR The Court made the following O R D E R Not taken up. List on 29 th July, 2025. (KAVITA PAHUJA) (AVGV RAMU) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

ITEM NO.32 COURT NO.5 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6332/2021 [Arising out of impugned final judgment and order dated 31-03-2021 in CWP No. 1387/2021 passed by the High Court of Himachal Pradesh at Shimla] PRAVEEN KUMAR Petitioner(s) VERSUS THE STATE OF HIMACHAL PRADESH & ORS. Respondent(s) (IA No. 55463/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 55462/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 21-01-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) : Miss Tulika Prakash, AOR For Respondent(s) : Mr. Divyanshu Kumar Srivastava, AOR UPON hearing the counsel the Court made the following O R D E R Not taken up for hearing. List on 11 th February, 2025. (ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER

ITEM NO.211 COURT NO.2 SECTION XIV BEFORE THE SUPREME COURT SPECIAL LOK ADALAT PROCEEDINGS OF Petition(s) for Special Leave to Appeal (C) No. 6332/2021 PRAVEEN KUMAR Petitioner(s) VERSUS THE STATE OF HIMACHAL PRADESH & ORS. Respondent(s) Date : 30-07-2024 PRESENT : HON’BLE MR. JUSTICE SANJIV KHANNA HON’BLE MR. JUSTICE K.V. VISWANATHAN MR. GAURAV AGARWAL, SENIOR ADVOCATE MR. AFTAB ALI KHAN, ADVOCATE-ON-RECORD For Petitioner(s) Miss Tulika Prakash, AOR For Respondent(s) Mr. Divyanshu Kumar Srivastava, AOR The present matter has not been settled between the parties. To be listed before the Court as per turn. (BABITA PANDEY) (R.S. NARAYANAN) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.1719 COURT NO.13 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6332/2021 PRAVEEN KUMAR PETITIONER(S) VERSUS THE STATE OF HIMACHAL PRADESH & ORS. RESPONDENT(S) (OFFICE REPORT FOR DEFAULT ) Date : 27-04-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE AJAY RASTOGI [IN CHAMBER] For Petitioner(s) Mr. Manik Sethi, Adv. Mr. Sarthak Gaur, Adv. Miss Tulika Prakash, AOR For Respondent(s) Mr. Abhinav Mukerji, AOR UPON hearing the counsel the Court made the following O R D E R As requested by the learned Counsel for the petitioner, respondent no.4 stands deleted from the array of parties. Cause title be amended accordingly. Since other respondents are duly served, list the matter before Court. (POOJA SHARMA) (BEENA JOLLY) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.42 REGISTRAR COURT. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. SAURABH PARTAP SINGH LALER Petition(s) for Special Leave to Appeal (C) No(s). 6332/2021 PRAVEEN KUMAR Petitioner(s) VERSUS THE STATE OF HIMACHAL PRADESH & ORS. Respondent(s) Date : 08-03-2022 This petition was called on for hearing today. For Petitioner(s) Miss Tulika Prakash, AOR Mr. S. Saeed A. Qadri,Adv. For Respondent(s) Mr. Abhinav Mukerji, AOR UPON hearing the counsel the Court made the following O R D E R Respondent No.1 has already filed the counter affidavit. Four weeks time, as last chance is given to respondent Nos.2 and 3 to file the counter affidavit. Ld. Counsel for petitioner has neither taken steps to serve respondent No.4 nor filed I.A. for deletion despite earlier order dated 25.1.2022. Viewed in that context, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further directions. Await orders. List thereafter. SAURABH PARTAP SINGH LALER Registrar MG

ITEM NO.15 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SAURABH PARTAP SINGH LALER Petition(s) for Special Leave to Appeal (C) No(s). 6332/2021 PRAVEEN KUMAR Petitioner(s) VERSUS THE STATE OF HIMACHAL PRADESH & ORS. Respondent(s) Date : 25-01-2022 This petition was called on for hearing today. For Petitioner(s) Miss Tulika Prakash, AOR For Respondent(s) Mr. Akshay C. Shrivastava, Adv. Mr. Abhinav Mukerji, AOR UPON hearing the counsel through Video Conference, the Court made the following O R D E R Respondent No.1 has filed counter affidavit. Respondent Nos.2 and 3 are granted four weeks’ time for filing counter affidavit. Ld. Counsel for the petitioner submits that respondent No.4 is not a necessary party, hence, service qua respondent No.4 be dispensed with. Petitioner may move proper application in this regard/deletion of respondent No.4, within two weeks. List again on 8.3.2022. SAURABH PARTAP SINGH LALER Registrar

ITEM NO.16 Court 5 (Video Conferencing) SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).6332/2021 (Arising out of impugned final judgment and order dated 31-03-2021 in CWP No. 1387/2021 passed by the High Court of Himachal Pradesh at Shimla) PRAVEEN KUMAR Petitioner(s) VERSUS THE STATE OF HIMACHAL PRADESH & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.55462/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.55463/2021-EXEMPTION FROM FILING AFFIDAVIT) Date : 05-07-2021 This petition was called on for hearing today. CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE M.R. SHAH For Petitioner(s) Mr. Manik Sethi, Adv. Mr. Neeraj Shashwat, Adv. Ms. Tulika Prakash, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1 We are not inclined to interfere with the judgment of the High Court, rejecting the grievance of the petitioner in regard to the legality of his transfer. The finding of fact is that the petitioner had completed his normal tenure. 2 However, we issue notice limited to the question as to whether any guidelines have been issued by the State Government regulating the making of transfers on the basis of DO notes. (SANJAY KUMAR-I) (SAROJ KUMARI GAUR) AR-CUM-PS COURT MASTER

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