SPA/106/2023
2023 Latest Caselaw 1100 UK

             IN THE HIGH COURT OF UTTARAKHAND

                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                      SPECIAL APPEAL NO. 106 OF 2023

                              24TH APRIL, 2023

BETWEEN:
B.L. Arya                                                      .....Appellant.
And

State of Uttarakhand & others                                  ....Respondents.

Counsel for the Appellant : Mr. Anup Kumar Verma, learned counsel.

Counsel for the Respondent No.1 : Mr. K.N. Joshi, learned Deputy Advocate General.

Counsel for the Respondent Nos.2 & 3 : Ms. Abhilasha Tomar, proxy counsel for Mr. Sandeep Kothari, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

Issue notice. Learned counsels appear and accept

notice on behalf of the respondents.

2. The present Special Appeal is directed against the

order dated 05.04.2023, passed by the learned Single Judge

in Writ Petition (S/S) No.523 of 2023, dismissing the writ

petition of the appellant wherein he assailed his transfer from

Nagar Panchyat Selaqui to Nagar Nigam Haridwar, vide order

dated 25.03.2023.

3. The grievance of the appellant was that this was

the third transfer during last one year, and it tantamounted

to victimization. The respondents alleged serious complaints

of irregularities against the appellant in the matter of granting

of contracts, and on that account, he has been transferred.

Aforesaid being the position, the writ petition was dismissed,

and we are also not inclined to interfere with the impugned

order.

4. The appellant is serving in a transferable job. That

being the position, and looking to the stand of the

respondents, no case is made out for our interference. The

submission that the transfer is malafide is not sufficiently

made out from the pleadings.

5. We find no merit in this appeal, and the same is

accordingly dismissed.

6. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 24th April, 2023 NISHANT