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2023 DIGILAW 186 (UTT)

Pramod Kumar v. State of Uttarakhand

2023-02-16

ALOK KUMAR VERMA, VIPIN SANGHI

body2023
JUDGMENT : Alok Kumar Verma, J. We have heard learned counsel for the parties. 2. The instant writ petition has been filed under Article 226 of the Constitution of India with the following reliefs:- “(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 10.02.2023, qua petitioner, passed by respondent no.2. (ii) Issue a writ, order or direction in the nature of mandamus commanding to the respondent authorities to permit the petitioner to perform his duties as Incharge Divisional Manager, Logging Division Chakrata, District Dehradun. (iii) To pass a suitable writ, order or direction in favour of petitioner and against the respondents which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case. (iv) To award the cost of the present writ petition to the petitioner.” 3. Mr. Bhuwan Bhatt, learned counsel for the petitioner, argued that the petitioner is presently posted as Incharge Divisional Manager/Divisional Logging Manager of Logging Division, Chakrata, District Dehradun. He was inducted in the Forest Service in the year, 1990 on the post of Assistant Logging Supervisor/Assistant Logging Officer. He was transferred pursuant to the order dated 04.07.2020 of the respondent no.2 from Dehradun Logging Division to Ramnagar, District Dehradun. Vide order dated 29.09.2020, the respondent no.2 transferred the petitioner from Ramnagar to Head Office, Dehradun. He was transferred from Head Office, Dehradun to the post of Incharge Divisional Logging Manager, Chakrata vide order dated 23.10.2020, passed by the respondent no.2. He was again transferred vide order dated 27.01.2023 of the respondent no.2. The petitioner had filed his objections against the said transfer order. The respondent no.2 vide his order dated 28.01.2023 took back the said transfer order. 4. Now, the respondent no.2, without assigning any reason, has issued the impugned order dated 10.02.2023 and attached the petitioner in the office of Regional Manager (Tehri Area) from the post of Logging Division Chakrata, District Dehradun. The said transfer order/attachment order has been issued in violation of the provisions of the Uttarakhand Annual Transfer for Public Servants Act, 2017 (in short, “the Act, 2017”). 5. Mr. S.S. Chauhan, learned Deputy Advocate General, has supported the impugned order. 6. The wheels of administration should be allowed to run smoothly and the Courts are not expected to interdict the working of the administrative system for transferring the officers to the proper places. 5. Mr. S.S. Chauhan, learned Deputy Advocate General, has supported the impugned order. 6. The wheels of administration should be allowed to run smoothly and the Courts are not expected to interdict the working of the administrative system for transferring the officers to the proper places. It is not for the employee to insist to transfer him/her, and/or not to transfer him/her at a particular place. It is for the employer to transfer an employee considering the requirements. 7. Generally, the Courts should not interfere with a transfer order made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory Rule or on the ground of malafide. 8. It is not the case of the petitioner that the impugned order is malafide. Apart from this, the petitioner has also not been able to show that the impugned order has been issued in breach of any provisions of the Act, 2017. 9. A Government Servant holding a transferable post has no vested right to remain posted at one place or the other. He is liable to be transferred from one place to the other. The impugned order, issued by the competent authority, does not violate any of the legal rights of the petitioner. 10. Therefore, this Court is of the opinion that there is no merit in the writ petition. The writ petition is liable to be dismissed; the same is dismissed at the admission stage.