2026:UHC:1420 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 5 2 5 / 2 0 2 6 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Harendra Belwal, learned counsel for the petitioner. 2. Mr. Rajeev Singh Bisht, learned Additional C.S.C. for the State of Uttarakhand. 3. By means of this writ petition, petitioner has sought the following reliefs: - (i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to relieve the petitioner in pursuant to the Transfer Order dated 31.07.2024, passed by respondent no. 2, from District Tehri Garhwal to District Dehradun (Annexure No. 1). (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to take a decision on the application moved by the petitioner dated 24.06.2025 addressed to the respondent no. 3 (Annexure No. 2). 4. Petitioner was serving as Constable in Civil Police. He was posted in District Tehri Garhwal at the relevant point of time. Before his dismissal from service, an order of transfer was passed on 31.07.2024, whereby petitioner was transferred from District Tehri Garhwal to District Dehradun. 5. Petitioner challenged the dismissal order dated 26.12.2024 before Public Service Tribunal by filing a claim petition. His claim petition was allowed and dismissal order was set aside. Pursuant to the judgment rendered by learned Tribunal, petitioner was reinstated in 2026:UHC:1420 service. 6. Petitioner has now sought enforcement of a transfer order, which was passed before his dismissal from service; however, the fact that he was dismissed from service and thereafter was reinstated pursuant to judgment rendered by learned Tribunal has not been disclosed anywhere in the writ petition. 7. A Government Servant cannot seek enforcement of a transfer order, which was passed prior to his/ her dismissal, as after reinstatement, the Competent Authority is free to pass fresh transfer order in respect of such Government Servant. The relief, as claimed by petitioner, therefore, cannot be granted. 8. Since petitioner has suppressed the material fact that after issuance of the transfer order dated 31.07.2024, petitioner was dismissed from service, which amounts to abuse of process of law, therefore, the writ petition is dismissed with cost of ₹50,000/-. The amount of cost, if not deposited by the petitioner within four weeks from today, shall be recoverable as arrears of land revenue through the District Magistrate concerned. ( Man oj Ku m ar Tiw ar i, J) 27.02.2026 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.02.27 06:27:24 -08'00' 2026:UHC:1420