WPSS/1239/2020
2021 Latest Caselaw 4565 UK

                     Office Notes, reports,
SL.                 orders or proceedings or
          Date                                                COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures


      15.11.2021
                                                WPSS No. 1239 of 2020
                                                Hon'ble Sharad Kumar Sharma, J.

Mr. Niranjan Bhatt, Advocate, for the petitioner.

Mr. N.S. Pundir, Deputy Advocate General, for the State.

The Forest Conservator while exercising its powers under sub Section (3) of Section 21 of the Transfer Act of 2017, had passed an order whereby respondent No. 6, has been transferred from the Forest Land Conservation Division, Uttarkashi to the Forest Division, Uttarkashi in the same office, in the same District.

The learned counsel for the petitioner contends, that the transfer thus made of respondent No. 6, is bad from the view point, that the department in question, there is only one existing post of accountant, which was already being occupied by the petitioner. The consequential effect of the transfer order dated 07.10.2020, would be and rather it had been that earlier the work assigned to the post of accountant to the petitioner, is now being taken from respondent No. 6 and the petitioner, though he has been posted in the same district, in the same department, has not been assigned with any work, though financial emoluments, which are payable to the petitioner are still being paid to him and it remained unaffected.

This Court is of the view, that since the impugned order has been passed while exercising powers under Section 21 of the Transfer Act of 2017 and the petitioner has already being agitating his grievance against the said order, by representing his case before the respondents, the said representation would be treated as to be a representation falling within the ambit of the provisions under Section 24 of the Act.

The writ petition is hereby disposed of with the direction to the Forest Conservator i.e. respondent No. 3, to consider and decide the representation of the petitioner, said to have been preferred under Section 24 of the Act and would decide the same exclusively in accordance with law.

If necessary, the petitioner is permitted to file a fresh representation before the respondent No. 3. The decision on the representation of the petitioner is expected to be taken by the Forest Conservator, within a period of six weeks from the date of presentation of the certified copy of this judgment.

Subject to above observation, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 15.11.2021 Mahinder/