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2025 DAILYLAW 13822 (UTT)

BHAGAT SINGH v. STATE OF UTTARAKHAND

WPSS/2488/2024 · 2025-01-03

Rakesh Thapliyal

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPSS No. 2488 of 2024 Hon’ble Rakesh Thapliyal, J. 1. Mr. Amar Murti Shukla, learned counsel for the petitioner and Mr. Rajeev Singh Bisht, learned Additional Chief Standing Counsel for the State. 2. By the instant writ petition the petitioner is challenging the order dated 23.12.2024 passed by the District Magistrate, Haridwar, whereby, the petitioner has been transferred from Tehsil Roorkee to Tehsil Laksar. 3. The brief facts of the case are that the petitioner was appointed as a Patwari on 13.11.1990 and posted at Khatima and thereafter he was posted in different Tehsils of District Udham Singh Nagar i.e. in Sitarganj, Kichha, Gadarpur, Kashipur and Jaspur. Thereafter, on 06.01.2021, the petitioner was promoted to the post of Revenue Inspector and subsequently he was transferred from District Udham Singh Nagar to District Haridwar on 02.12.2022 and posted at Tehsil Roorkee. 4. Now, by the order impugned dated 23.12.2024, the petitioner has been transferred from Tehsil Roorkee to Tehsil Laksar of District Haridwar. 5. Learned counsel for the petitioner argued that in view of Section 7 of the Uttarakhand Annual Transfer for Public Servants Act, 2017, the petitioner cannot be transferred from Tehsil Roorkee since as per Section 7, he should remain for four years in Tehsil Roorkee. He further submits that Section 23 of the Transfers Act provides for general transfer in each year and as per Section 23(9), the transfer order can be issued only up to 10th June of each year. 6. Learned counsel for the petitioner further argued that the impugned transfer order dated 23.12.2024 has been passed by the District Magistrate in the mid of academic session, which is in complete violation of the Act. Apart from this, he submits that the District Magistrate passed the impugned order without referring the matter of the petitioner before the Committee even no approval was taken from the Hon’ble the Chief Minister which is mandatory, hence, the impugned order is in complete violation of the Transfers Act and is liable to be quashed. 7. I have gone through the records placed alongwith the writ petition and further gone through the impugned transfer order, which itself reveals that the petitioner has been transferred within the District i.e. District Haridwar from one Tehsil to another Tehsil. Tehsil Roorkee and Tehsil Laksar both fall within the District Haridwar. Apart from this, the transfer of the petitioner from one Tehsil to another Tehsil is in a public interest and since the transfer is an exigency of service, therefore, at this stage, no interference is required, therefore, I am not inclined to interfere with the impugned transfer order. 8. Accordingly, the writ petition is dismissed being devoid of merit. (Rakesh Thapliyal, J.) 03.01.2025 Ujjwal