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2025 DAILYLAW 15202 (UTT)

RAKESH KUMAR SAHA v. DISTRICT MAGISTRATE UDHAM SINGH NAGAR

WPSS/140/2024 · 2025-11-25

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10493 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/140/2024 Hon’ble Manoj Kumar Tiwari, J 1. Mr. S.S. Yadav, learned counsel for the petitioner. 2. Mr. Ganesh Kandpal, learned Deputy Advocate General for the State of Uttarakhand. 3. Petitioner was appointed as Revenue Sub-Inspector / Lekhpal in District Udham Singh Nagar. Presently, he is serving as Registrar Kanoongo. 4. In this writ petition, petitioner has challenged order dated 28.11.2023 passed by District Magistrate, Udham Singh Nagar, whereby he was transferred from Tehsil Kashipur to Tehsil Jaspur, within the same district. He has also challenged rejection of his representation by District Magistrate, vide order dated 01.02.2024. 5. Learned counsel for the petitioner submits that he is giving up the prayer made in relief clause nos. 2 to 4 and he is confining the relief only to prayer no. 1. 6. It is contended on behalf of petitioner that he was transferred four times over a period of three years. It is further submitted that petitioner is being harassed and he is made to serve as Lekhpal, while he is promoted as Registrar Kanoongo. 7. Per contra, learned State Counsel 2025:UHC:10493 submits that out of four transfers, two were made on administrative ground in view of serious complaints against the work and conduct of petitioner, one transfer order was passed on petitioner’s request and the impugned order was passed in view of impending Parliamentary Elections - 2024, as there was shortage of Registrar Kanoongo in Tehsil Jaspur. Learned State Counsel further submits that Tehsil Kashipur and Tehsil Jaspur are 20 kms apart, and challenge to the transfer, made by petitioner, is legally unsustainable. 8. Reportedly, petitioner was transferred from Kashipur to Jaspur in view of Parliamentary Elections, which are now over, therefore, no useful purpose would be served by keeping this writ petition pending and the writ petition can be disposed of by setting aside the impugned transfer order dated 28.11.2023 with liberty to District Magistrate to pass fresh transfer order in respect of petitioner. 9. Accordingly, the impugned transfer order dated 28.11.2023 and the order dated 01.02.2024, whereby petitioner’s representation was rejected are set aside. District Magistrate, Udham Singh Nagar shall be at liberty to pass fresh order regarding petitioner’s posting in any Tehsil. It is made clear that petitioner shall not be given charge of the post of Lekhpal. (Manoj Kumar Tiwari, J) 25.11.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b0 8d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F 4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.25 20:23:33 -08'00' 2025:UHC:10493