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2025 DAILYLAW 14780 (UTT)

MOHAMMAD AFTAB v. EXCISE COMMISSIONER STATE OF UTTARAKHAND

WPSS/1682/2025 · 2025-10-29

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9542 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 1682/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Sandeep Kothari, Advocate, for the petitioner. Mr. N.S. Pundir, Deputy AG, for the State. (2) Petitioner is serving as Head Constable in State Excise Department. He is aggrieved by his transfer from Timli Check Post, Dehradun to Circle 3, Thalisen, District Pauri Garhwal, vide order dated 22.9.2025. According to petitioner, he has been transferred in order to accommodate Head Constable Rachna Rawat and Constable Azad Rawat in District Uttarkashi, who were earlier transferred to Circle 3, Thalisen, Pauri Garhwal on 18.9.2025, however the order of transfer passed against them was modified and they were re-transferred to some other place of their choice and, in the process, petitioner was made scapegoat. (3) Learned State Counsel was asked to get instructions. Today, on instructions, Mr. N.S. Pundir submits that Head Constable Rachna Rawat had made a representation against her transfer with the contention that she has a one year old daughter and there is no one to look after her and considering the problem, which she would have faced on account of her transfer, transfer order passed against her was modified and she was re-transferred to Circle 4, Dunda, Uttarkashi. Similarly, he submits that Constable Azad Rawat also made representation against his transfer with the plea that his parents are ailing and 2025:UHC:9542 in case the transfer order is not kept in abeyance, then there will be no one to look after them and keeping in view the old age and ailments of parents of Mr. Azad Rawat, the transfer order passed against him was also modified and he was re-transferred to Circle 2, Narendra Nagar, District Tehri Garhwal. (4) Learned State Counsel submits that petitioner has made a representation against his transfer on 13.10.2025 and the same shall be considered, as per law, as early as possible. (5) Having regard to the facts and circumstances of the case, writ petition is disposed of with a direction to the Commissioner, Excise to consider petitioner’s representation dated 13.10.2025 and pass appropriate order, as per law, within three weeks from the date of presentation of certified copy of this order. For a period of three weeks or till decision on petitioner’s representation, whichever is earlier, status quo as regards petitioner’s posting shall be maintained. (Manoj Kumar Tiwari, J.) 29.10.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE 53, cn=PRABODH KUMAR Date: 2025.10.30 10:22:11 +05'30' 2025:UHC:9542