Uttarakhand High Court
2 September vs State Of Uttarakhand And Others on 2 September, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
2024:UHC:6289
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Service Single No. 1647 of 2024
02 September, 2024
Mukul Kumar Agrawal --Petitioner
Versus
State Of Uttarakhand and others --Respondents
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Presence:-
Ms. Menka Tripathi and Mr. Yogesh Pacholia Advocates for
petitioner
Mr. Rajiv S. Bisht, learned Addl. C.S.C. for the State.
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With
WPSS No.1649 of 2024
Nandan Prasad Arya --Petitioner
Versus
State Of Uttarakhand and others --Respondents
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Presence:-
Mr. Yogesh Pacholia Advocates for petitioner
Mr. Rajiv S. Bisht, learned Addl. C.S.C. for the State.
Hon'ble Pankaj Purohit, J.
Heard.
2. Since common questions of law and facts are
involved, hence these petitions have been taken up
together and decided by this common judgment. For the
sake of brevity, facts of WPSS No.1647 of 2018 alone are
being considered.
3. By means of this petition, petitioner has
impugned the transfer order dated 20.8.2024 (Annexure
No.1 to the petition), whereby he has been transferred
from Mobile Squad, Majhola to the office of ARTO, Tehri
Garhwal. The transfer is mainly impugned by petitioner
on the ground that according to the said order, he has
been transferred on administrative grounds, but the
2024:UHC:6289
petitioner has never been confronted with the complaint,
if any, against him as prescribed under Section 18(4) of
the provisions of the Uttarakahnd Annual transfer of
Public Servants Act, 2017 {to be referred to as "Act of
2017"}.
4. On the last date, State counsel was asked to
seek instructions. Today, instructions dated 02.09.2024
is passed on to this Court which are taken on record. On
the basis of those instructions, learned State Counsel
submits that since there were complaints received from
different sources against the petitioner, hence, he was
transferred by the impugned order. However, the
instructions are silent on the point whether the said
complaint(s) was ever confronted with the petitioner, or
he was put to any enquiry, even preliminary, regarding
those complaints. It is further submitted by learned State
Counsel, on instructions, that u/s 22(4) of the Act of
2017, the petitioner may submit representation within
three days to one rank higher than the transfer
authority.
5. Learned counsel for petitioner submits that
transfer order of petitioner is quite contrary to express
provision of law, and therefore, the same cannot be
sustained.
6. Having considered the submissions made by
learned Counsel for the parties, and in particular, the
submission made by learned State Counsel that if
representation is made by petitioners, their grievance
would be considered by the respondent authorities
positively, both these writ petitions are disposed of with
the observation that if petitioners move a representation
to the respondent no.1-Secretary (Transport) Govt. of
Uttarakhand within a period of seven days from today
against the impugned transfer order, which apparently
2024:UHC:6289
appears to be in contravention of the express provision of
Section 18(4) of the Act, and if such a representation is
moved within seven days from today i.e. latest by
09.09.2024, respondent no.1 shall decide the
representation of petitioners by a reasoned and speaking
order within two weeks thereafter.
7. Till the representation is decided, the
impugned transfer order shall remain stayed qua
petitioners.
8. Needless to say that if no representation(s) is
made by the petitioners within seven days of this order
i.e. latest by 09.09.2024, the benefit of this order would
come to an end.
9. Pending application, if any, stands disposed of.
(Pankaj Purohit, J.)
02.09.2024
Rdang
RAJEEV Digitally signed by RAJEEV DANG
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=963da6fc6df8dbb91944e0c58b9ed259ec3d800f419a1199f15a3961c8ca2957,
postalCode=263001, st=UTTARAKHAND,
DANG
serialNumber=63F6E663A1DD44892EED6B81F043D778B37D74D2DB7200F2DABC7ABCC1CA
358D, cn=RAJEEV DANG
Date: 2024.09.02 16:51:02 +05'30'
