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2025 DAILYLAW 10898 (UTT)

RAJESH SAINI v. STATE OF UTTARAKHAND

WPSS/1462/2025 · 2025-09-09

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:7996 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1462/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Parikshit Saini, Advocate for the petitioner. Mr. N.K. Papnoi, Standing Counsel for the State. 2. Petitioner is serving as Headmaster in Government Primary School, Nasirpur, Afzalpur, Block Narsan, District Haridwar. He has been transferred to Government Primary School, Mannakheri, Block Narsan, District Haridwar, vide order dated 19.08.2025 passed by District Education Officer (Elementary), Haridwar. Challenging his transfer, petitioner has filed this writ petition. 3. Learned counsel for petitioner submits that impugned transfer is punitive, as it refers to certain allegations and based on those allegations, petitioner has been transferred without ascertaining the ground realities and without providing opportunity of hearing. 4. Learned State Counsel, however, submits that petitioner was given opportunity of hearing and he responded to the notice issued to him in which he submitted that he may be transferred to any other school because of local politics in the village. 2025:UHC:7996 5. Learned State Counsel submits that petitioner is serving continuously in Government Primary School, Nasirpur ever since 2009 and because of his long continuance in the said village, there are complaints that he is getting involved in the local politics in the village. 6. Law is well settled that transfer is not a punishment and reading of impugned transfer order indicates that petitioner has been transferred by way of punishment. Learned counsel for petitioner is right in submitting that transfer is stigmatic in nature. 7. Since principles of natural justice were not followed, while passing stigmatic order against petitioner, on this ground alone, impugned order of transfer passed in respect of petitioner, is set aside. 8. The competent authority shall be at liberty to pass fresh order of transfer in respect of the petitioner to the same place where he has been transferred by the impugned order or to some other place, wherever vacancy is available. (Manoj Kumar Tiwari, J.) 09.09.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BAB A43D2B8F, cn=MAHINDER SINGH Date: 2025.09.09 19:13:38 +05'30'