Uttarakhand High Court
Unknown vs State Of Uttarakhand on 4 September, 2024
Author: Pankaj Purohit
Bench: Manoj Kumar Tiwari, Pankaj Purohit
2024:UHC:6354-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/B) No. 544 of 2024
04th September, 2024
Mahabir Singh ......Petitioner
Versus
State of Uttarakhand
and another ....Respondents
With
Writ Petition (S/B) No. 557 of 2024
Writ Petition (S/B) No. 558 of 2024
Writ Petition (S/B) No. 559 of 2024
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Presence:-
Mr. R.P. Nautiyal, learned Senior Advocate assisted by Ms. Garima Thapa and
Mr. Pavan Kumar Nath, learned counsel for the petitioners.
Mr. Rajeev Singh Bisht and Mr. P.C. Bisht, learned Additional Chief Standing
Counsel for the State.
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Coram : Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Pankaj Purohit, J.
Per: Hon'ble Manoj Kumar Tiwari, J.
Petitioners are holding Group-B post of Transport Tax
Officer in Transport Department of the State Government. They are
aggrieved by their transfer from one place to another, on administrative
ground, vide order dated 20.08.2024. Thus, feeling aggrieved, petitioners
have approached this Court by filing separate writ petitions.
2. Since common questions of law and facts are involved in
these writ petitions, therefore these are being heard and decided by this
common judgment, however for the sake of brevity, facts of WPSS
No.544 of 2024 alone are being considered and discussed.
3. Petitioner-Mahabir Singh is petitioner in WPSS No.544 of
2024. He was posted as Transport Tax Officer at Kulhal Mobile Squad
in District Dehradun up-till now, however by the impugned order dated
20.08.2024., he has been transferred to Majhola in District Udham Singh
Nagar.
2024:UHC:6354-DB
4. Petitioner has challenged his transfer on the ground of
violation of provision contained in Section 18 (4) of the Uttarakhand
Annual Transfer for Public Servants Act, 2017 (hereinafter referred to as
"Transfer Act, 2017"), inasmuch as, he has been transferred on
administrative ground, however the adverse material has not been
confronted to him.
5. Learned State counsel however disputes the submission
made by learned counsel for the petitioner and submits that there were
complaints received against the work and conduct of petitioner, therefore
he was rightly transferred on administrative ground. However he could
not give any satisfactory reply as to whether, the adverse material, if any,
available against the petitioner, was confronted to him or not.
6. Since the transfer order was passed by the Commissioner,
Transport Department and petitioners have made a valid point of
violation of Section 18(4) of the Transfer Act, 2017, therefore we dispose
of these writ petitions by permitting petitioners to make separate
representation(s) to the Secretary, Transport Department, who is an
officer one rank above the Commissioner, Transport Department. It shall
be open to the petitioners to submit their representation through e-mail. If
petitioners make such a representation on or before 06.09.2024, the
Secretary, Transport Department shall look into the matter and take
decision as per law within three weeks thereafter.
7. For a period of three weeks or till decision is taken on
petitioners' representation(s), whichever is earlier, status quo, qua,
posting of petitioners shall be maintained. If petitioners fail to make
representation within the stipulated time, they shall not be entitled to get
protection of this order.
(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.)
04.09.2024
SK
SHUBHAM
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
2.5.4.20=a29a2f80b93835a432d093afc472d9355959ee0ff878380c645
KAPRUWAN
e17d546a24821, postalCode=263001, st=UTTARAKHAND,
serialNumber=B505B049BA2FDAC35E7AE325DEE1505D6C35AF3D29
0C229CDC609D61801E1E4F, cn=SHUBHAM KAPRUWAN
Date: 2024.09.05 10:15:48 +05'30'
