The single judge bench of Justice Pankaj Purohit of the Uttarakhand High Court in the case of Mukhram Prasad vs. State of Uttarakhand & others held that the transfer on the administrative ground is not a punitive action.
Brief Facts:
The present writ petitioner is filed to challenge the order by which the Petitioner on the administrative ground was transferred from Dehradun to Almora.
Contentions of the Respondent:
The learned counsel appearing on behalf of the Respondent submitted that the preliminary inquiry was conducted on the complaint filed by the 23 employees of the Petitioner and then the report was submitted to the Registrar Co-operative Societies Uttarakhand. Clause 7 of the report, clearly mentions that the petitioner was a part of the inquiry and was asked to justify the charges against him.
Observations of the Court:
The Hon’ble Court observed that the administrative transfer does not in any way punish the petitioner. By way of the transfer, neither the petitioner's status or position nor his pay or status will change.
The Hon’ble court relied upon the judgment titled Union of India & others vs. Janardhan Debanath & another.
Based on this consideration, the Hon’ble Court was of the view that the transfer order was passed after the inquiry was committed by the authority and that the transfer order passed didn’t warrant any interference by the court.
The decision of the Court:
With the above direction, the Hon’ble Court dismissed the Writ Petition.
Case Title: Mukhram Prasad vs. State of Uttarakhand & Others
Coram: Hon’ble Mr. Justice Pankaj Purohit
Case No.: Writ Petition (S/S) No.1352 of 2023
Advocate for the Petitioner: Mr. Jitendra Chaudhary
Advocate for the State: Mr. P.C. Bisht, learned Additional C.S.C
Advocate for the Respondent No. 4 & 5: Mr. N.S. Pundir
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