Extracted from the PDF above. The PDF is authoritative.
2025:UHC:10861 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS/2114/2025 Hon’ble Manoj Kumar Tiwari, J.
Mr. Birendra Singh Adhikari, Advocate for the petitioner.
2. Mr. N.S. Pundir, Deputy Advocate General for the State of Uttarakhand.
3. Petitioner is serving as Junior Accounts Clerk in Rural Development Department. He is transferred from Block Gairsain to Block Deval within District Chamoli, vide order dated 29.11.2025. Feeling aggrieved by his transfer, he has approached this Court.
4.
Learned counsel for the petitioner relies upon a letter issued by Director, Accounts Directorate dated 1.12.2025, for contending that the members of accounts cadre can only be transferred by Directorate of Accounts and not by the Chief Development Officer.
5. Learned State Counsel, however, submits that petitioner was transferred earlier on 29.11.2025. He submits that public representatives had made complaint against the petitioner that he is not performing his duties satisfactorily and members of public had also made complaints against him. He further submits that superior officers were also dissatisfied with the style of functioning of petitioner, as he was not listening to their instructions.
6.
Learned counsel for the petitioner, however, submits that there is nothing to indicate that petitioner was transferred
2025:UHC:10861 on administrative ground or based on complaint. He submits no notice or opportunity of hearing was given to the petitioner before transferring him on administrative ground.
7. Admittedly, petitioner holds a transferable post and his transfer is made strictly as per conditions of his service that too within the same district. Law is well settled that judicial interference with transfer of Government servants should be minimal, that too when infraction of applicable rules is made out or the transfer is infected with malice. Since none of these two grounds are made out in the present case, therefore, this Court declines to interfere in the matter.
8.
Learned counsel for the petitioner then submits that petitioner be permitted to make representation.
9. The writ petition, however, is
disposed of with liberty to petitioner to make representation to the competent authority. If petitioner makes representation, within two weeks from today, the same shall be decided, as per law, within six weeks from the date of its making.
(Manoj Kumar Tiwari, J.)
08.12.2025 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=3be23325146e76a0642bdf4943fb9046f487df0 06da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875 643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.12.08 17:16:19 +05'30'