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Deploring petitioner's own conduct, Himachal Pradesh High Court denied quashing his non-consensual transfer order which he had alleged as politically influenced. Court said,"The people, who lose faith in the judiciary, are required to be condemned and curbed with stronghands by one and all, who are interested in the orderly society and have faith in democracy."

Though the Bench of Justice Tarlok Singh Chauhan and Justice Satyen Vaidya also reprimanded the Himachal Road Transport Corporation (the respondent) to transfer the petitioner on a mere recommendation of one of the Employees Unions, court noted that the conduct of the petitioner himself was not above board.

Court observed that the petitioner himself had been pulling strings and involving various unions as a shield to subserve his own purpose. Court said that petitioner’s this act was such which clearly went to indicate that he had no faith in the judicial system.

Therefore, concluding that because the petitioner had resorted to extra-constitutional methods for quashing of the transfer order, the court had no room for litigants like the petitioner, court dismissed his petition sans merit. 

However, before parting the court also directed, "Henceforth the Corporation shall not entertain much less consider and decide or act on such recommendations made by any of the Employees' Unions for non-consensual transfer of the employees of the Corporation." 

Court further added that in case, any of these Unions resort to such misadventure, in addition to taking any other action including Contempt of the Courts, these Unions/Associations will be de-recognized and disqualified for all intent and purposes.

Directing thus, the court also observed,  

"People's faith in independence of judiciary is of paramount consideration not only in public interest, but also in the interest of society. To protect the faith of the people in the independence of the judiciary developed, established, accepted by a consistent tradition from time immemorial, is the avowed duty of every one of us, especially of Lawyers, Judges, Legislators and the Executives."

Stressing that law is meant to meet the ends of justice, the court noted it was appalled by the gross indiscipline existing in the respondent-Corporation. 

Court stated that inside the corporation, member of different Employees’ Associations or Unions are acting as extra-constitutional authority and not only making but actually getting effected their recommendations for non-consensual transfers, especially, of their opponents.

Accordingly, taking note of the case facts, the court disposed of the matter with abovesaid directions to the corporation. 

Matter in brief

The petitioner was an old employee of the Himachal Road Transport Corporation. In July/August, 2019 the petitioner was engaged as Assistant In-charge Drivers Duty, however, later he repeatedly got removed and reposted on the post of In-charge Drivers Duty.

Finally on August 29, 2020 through an officer order the petitioner was removed from the post of In-charge Drivers Duty and he came knocking on High Court's doors seeking directions to quash that order. 

The petitioner had alleged that the office order which had caused his withdrawal as In-charge Drivers Duty was politically influenced as some other person was tried being posted as In-charge Drivers Duty.

However, the respondents had contested the petition averring that the act and conduct of the petitioner was not good with his colleagues as a number of complaints had been received by the respondents-Corporation against the petitioner.

The corporation had submitted that in fact in one such complaint, one of the Employees' Associations, namely Bhartiya Mazdoor Sangh (BMS) had requested for withdrawing the services of the petitioner from Assistant In-charge Drivers Duty on January 5, 2019 and in pursuance of the same the petitioner had been removed. 

During the hearing, it had also come to the light that before coming to the court, the petitioner had on August 15, 2019, met with the President, Bhartiya Janta Party, Mandi and had requested that he may be posted on the Drivers Duty.

Case Title: Deepak Raj Sharma v. State of Himachal Pradesh and Ors.