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2025 DAILYLAW 12381 (UTT)

BHARAT BHUSHAN v. FOOD CORPORATION OF INDIA

WPSS/1706/2025 · 2025-10-16

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9299 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1706/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Harshit Sanwal, Advocate for the petitioner. 2. Mr. Bhuwnesh Joshi, Advocate for the respondents. 3. Petitioner is serving as Manager, Quality Control in Food Corporation of India, Divisional Office at Haldwani. He is challenging an order of transfer passed on 7.10.2025, whereby he has been transferred from Haldwani (Nainital) to Srinagar (Garhwal). 4. It is contended that petitioner has two minor children and there is no one to look after them at Haldwani. It is further stated that petitioner’s father is also ailing and petitioner has to take care of his father also. 5. Per contra, Mr. Bhuvnesh Joshi, learned counsel appearing for Food Corporation of India submits that petitioner has completed tenure of four years at Haldwani, earlier he was transferred from Haldwani to Srinagar (Pauri) in the year 2023, however, due to order passed by this Court, petitioner continued to serve at Haldwani for another two years. He further submits that transfer has been made, 2025:UHC:9299 strictly as per applicable policy and petitioner has been transferred within the same region. 6. This Court do not find any scope for interference in the matter. Law is well settled that interference with transfer of an employee holding transferable post, has to be minimal. Transfer order can be interfered with only if it is infected with malice or is passed in violation of statutory rules or in violation of conditions of service. In the present case, none of these grounds are available. 7. The writ petition is, however, disposed of with liberty to petitioner to make representation to the competent authority regarding his transfer. If he makes representation on or before 18.10.2025, through e-mail, the competent authority shall consider the same, as per law, within a week thereafter. 8. For a period of ten days or till decision is taken on petitioner’s representation, whichever is earlier, status quo qua petitioner’s posting shall be maintained. (Manoj Kumar Tiwari, J.) 16.10.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a 131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56 D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.10.16 18:00:40 +05'30'