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2025 DAILYLAW 16222 (UTT)

RINU KUMAR v. EXCISE COMMISSIONER

WPSS/379/2024 · 2025-12-08

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10874 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS W PSS/ 3 7 9 / 2 0 2 4 Hon’ble Manoj Kumar Tiwari, J. Mr. Ankit Rana, Advocate holding brief of Mr. Sandeep Kothari, Advocate for petitioner. Mr. N.K. Papnoi, Standing Counsel for the State. 2. Petitioner is serving as Head Constable in Excise Department. He was transferred from Roorkee to Dehradun vide order dated 05.03.2024, which is challenged in this writ petition. 3. Since petitioner holds a transferable post, therefore, in absence of any infraction of rules or element of malice, order of transfer cannot be ordinarily interfered with. 4. Having regard to the facts and circumstances of the case, this Court thinks that ends of justice would be met if petitioner is permitted to make representation regarding his transfer to the Excise Commissioner. 5. If petitioner makes such representation within two weeks from today, Excise Commissioner shall pass appropriate order, as per law, within six weeks thereafter. 6. For a period of eight weeks, or till decision is taken on petitioner’s representation, whichever is earlier, status quo, as regards petitioner’s posting shall be maintained. (Manoj Kumar Tiwari, J.) 08.12.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA4 3D2B8F, cn=MAHINDER SINGH Date: 2025.12.08 17:11:49 +05'30' 2025:UHC:10874