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2025 DAILYLAW 11886 (UTT)

JITENDRA PRASAD v. STATE OF UTTARAKHAND

WPSS/1612/2025 · 2025-10-10

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9016 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1612/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Avdit Noliyal, learned counsel for the petitioner. 2. Mr. N.K. Papnoi, learned Standing Counsel for the State of Uttarakhand. 3. Petitioner is serving as Group ‘D’ employee in Public Works Department at Dehradun. He was transferred vide order dated 15.09.2025 to District Pauri Garhwal on administrative ground. Thus, feeling aggrieved, petitioner has approached this Court. 4. Learned counsel for the petitioner submits that petitioner’s transfer on administrative ground is unsustainable, as there is no complaint or adverse material against him; the adverse material, based on which petitioner was transferred, has also not been indicated in the transfer order. 5. Per contra, learned State Counsel submits that petitioner is serving at Dehradun continuously ever since the year 2007; there are number of complaints against the petitioner from all quarters and it was also found that petitioner was under influence of liquor during office hour, for which, show cause notice was also issued to him, but he could not give any satisfactory reply to the notice. He submits that Authorities have taken a sympathetic view, in respect of petitioner, by simply transferring him to District Pauri 2025:UHC:9016 Garhwal. Any interference with the impugned transfer would lead to indiscipline in the office and things would be difficult for the Administrative Authorities. 6. This Court does not find any reason to interfere with the impugned transfer order. It is not in dispute that petitioner holds a transferable post and his transfer to Pauri Garhwal is as per conditions of service. 7. The writ petition is, however, disposed of with liberty to petitioner to make representation to Engineer-in- Chief. If he makes representation on or before 14.10.2025, Engineer-in-Chief shall take decision on his representation, within two weeks thereafter. It shall be open to the petitioner to submit representation online. 8. For a period of three weeks or till decision in taken on his representation, whichever is earlier, status quo qua petitioner’s posting shall be maintained. (Manoj Kumar Tiwari, J) 10.10.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d13 69512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610 C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.10.10 02:53:38 -07'00' 2025:UHC:9016