Uttarakhand High Court
Dated: 04.11.2025 vs State Of Uttarakhand And Others on 4 November, 2025
2025:UHC:9768-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR
AND
THE HON'BLE JUSTICE MR. SUBHASH UPADHYAY
Special Appeal No. 313 of 2025
Dated: 04.11.2025
Prashant Kumar Agarwal --------Appellant
Versus
State of Uttarakhand and others -------Respondents
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Presence:-
Mr. B.D.Pande, learned counsel for the appellant.
Mr. Gajendra Trpathi, learned AGA for the State.
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JUDGMENT :
(per Mr. SUBHASH UPADHYAY, J.)
The appellant has filed the present intra court
appeal assailing the Judgment and Order dated
29.08.2025, passed by learned Single Judge in Writ
Petition 1428 (S/S) of 2025, Prashant Kumar Agarwal vs.
State of Uttarakhand and others, whereby the Writ
Petition filed by the petitioner/appellant against the
transfer order dated 22.07.2025 has been dismissed.
2. Admittedly, the petitioner had earlier filed a
Writ Petition No. 1273 (S/S) of 2025, challenging the
same transfer order dated 22.07.2025 and the said writ
petition was dismissed as withdrawn on 07.08.2025 and
the petitioner had not sought any liberty from the Court
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to file a fresh Writ Petition for the same relief.
3. The petitioner, who is engaged as Yoga
Instructor on contract basis was transferred from
Ayushman Arogya Mandar, Laxmi Nagar, Udham Singh
Nagar and posted at Ayushman Arogya Mandir, Ram
Nagar Van, Udham Singh Nagar, i.e., in the same district.
This Court had inquired from the counsel for the
petitioner/appellant about the distance between the two
place of posting and as per the counsel for the
petitioner/appellant, the institute where the petitioner
has been posted is only 10 kilometers away from the
earlier place of posting.
4. Counsel for the appellant submits that the
earlier Writ Petition was dismissed on 07.08.2025 as the
State counsel had informed that some inquiry was the
basis of transfer/posting of the petitioner, however, the
said submission is bereft of merit as the impugned
posting order dated 22.07.2025 itself refers to the inquiry
report. Thus, the petitioner was aware of the said fact
from the very beginning and chose not to challenge the
inquiry report. The petitioner was aware of the fact that
the transfer order was passed on the basis of inquiry, as
such, under the garb of challenging the said inquiry
report filing of the Second Writ Petition, against the same
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transfer order was not permissible. The
petitioner/appellant after dismissal of the first Writ
Petition has made a submission in the subsequent Writ
Petition in para 2 that the Hon'ble Court was pleased to
orally direct the petitioner to assail the inquiry report,
however, the order passed in the First Writ Petition
reveals that after arguing for some while permission was
sought to withdraw the Writ Petition, and no liberty was
sought to challenge the Inquiry Report or the transfer
order.
5. Thus, the order passed by learned Single Judge;
that the subsequent Writ Petition against the transfer
order dated 22.07.2025 was not maintainable; does not
warrant any interference.
6. The Special Appeal is devoid of any merit and
the same is dismissed with cost of Rs. 10,000/-.
(G. NARENDAR, C. J.)
(SUBHASH UPADHYAY, J.)
Dated: 04.11.2025
Kaushal
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