WPSB/469/2022
2022 Latest Caselaw 2549 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
          HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                             AND
                HON'BLE SRI JUSTICE R.C. KHULBE

                         18TH AUGUST, 2022
         WRIT PETITION (S/B) No. 469 OF 2022

Between:

Prof. (Dr.) Bharti Singhal.
                                                           ...Petitioner

and

State of Uttarakhand and others.
                                                       ...Respondents

Counsel for the petitioner.       :   Mr. Aishwarya Prakash Joshi and Mr.
                                      Mayank Ranjan Joshi, the learned
                                      counsel.

Counsel for the respondents.      :   Mr. S.S. Chauhan, the learned Deputy
                                      Advocate General for the State of
                                      Uttarakhand.


JUDGMENT : (per Sri Vipin Sanghi, C.J.)

              The petitioner has preferred this Writ Petition

to assail her transfer, vide order dated 25.07.2022, from

M.B.      Government           Degree     College,      Haldwani       to

Government Degree College, Karnprayag.


2.            The aforesaid order required the petitioner to

join at the new posting within one week. However, the

petitioner was granted interim protection by this Court

till 05.08.2022 in Writ Petition (S/B) No. 270 of 2022.
 The petitioner has now preferred this Writ Petition to

assail the said transfer.


3.           After some arguments, learned counsel for the

petitioner, on instructions, seeks leave to withdraw the

present Writ Petition. Learned counsel submits that the

petitioner    has   applied   for   certain   documents   and

information, under the Right to Information Act, 2005,

to make out a case of malafides against the concerned

Minister in the matter of her transfer, and seeks leave to

withdraw the present Writ Petition, with liberty to file a

fresh Writ Petition after receipt of such documents.


4.           The Writ Petition is, accordingly, dismissed as

withdrawn with liberty as prayed for.           However, the

petitioner should join the transferred post within one

week. In case the petitioner joins the said post within

one week, she shall be allowed to join the post, and no

action shall be taken against her for delay in joining the

post.   Learned counsel for the petitioner also submits

that the petitioner would make a representation to the

respondents for sympathetic consideration of her case

under Sections 13(3) and 13(4) of the Uttarakhand

Annual Transfer for Public Servants Act, 2017. In case



                               2
 such a representation is made, the same may be

considered by the respondents on its own merits.


5.         In sequel thereto, all pending applications

stand disposed of.


                                 ________________
                                  VIPIN SANGHI, C.J.


                                     _____________
                                      R.C. KHULBE, J.

Dt: 18th August, 2022 Rahul