UKHC010102292026 2026:UHC:4943 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Service Single No. 1548 of 2026 17 June, 2026 Sushil Kumar --Petitioner Versus Hoff Uttarakhand Dehradun & others --Respondents ---------------------------------------------------------------------- Presence:- Mr. D.C.S. Rawat and Mr. Jai Krishna Pandey, learned counsel for the petitioner. Mr. N.S. Pundir, learned Deputy Advocate General for the State. Mr. Sanjay Bhatt, learned counsel for respondent no.4. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. By means of present writ petition, petitioner has sought the following reliefs:- “(i) To issue a writ, order or direction in the nature of certiorari for quashing the transfer order dated 04.06.2026 passed by respondent no.2, whereby the petitioner was transferred from Tarai Purvi Van Prabhag, Haldwani to Haldwani Van Prabhag, Haldwani (Annexure No.8, Page No.29). (ii) To issue a writ, order or direction in the nature of certiorari for quashing, in part, the office order dated 08.06.2026 (Annexure No.9, Page No.30) issued by respondent no.3 so far as it relates to the petitioner, whereby the petitioner has been relieved from his present place of posting for joining at the transferred station.” 2. It is the case of the petitioner that while he was posted in Tarai Purvi Forest Division, Haldwani, he was transferred to the Working Plan (Karyayojana) Division, UKHC010102292026 2026:UHC:4943 2 Tarai Purvi Forest Division, Haldwani vide order dated 05.06.2025 and was relieved on 21.06.2025. He joined the transferred post on 24.06.2025 and submitted his joining report on 25.06.2025. Thereafter, on account of his health condition and administrative exigencies, the Chief Conservator of Forests (Working Plan) recommended his release from the Working Plan Division. Accordingly, vide order dated 02.05.2026, he was relieved and repatriated to his parent establishment, i.e., Tarai Purvi Forest Division, Haldwani. 3. After such repatriation, petitioner was nominated as a Booth Level Officer (BLO) for election- related duties in connection with the Special Intensive Revision (SIR) of electoral rolls vide order dated 07.05.2026. He assumed charge of the said duties on 11.05.2026. While he was discharging duties as a BLO, the impugned transfer order dated 04.06.2026 was issued, which is under challenge before this Court. 4. Learned counsel for the petitioner submits that since the petitioner had already assumed election duties and was under the control and supervision of the Election Authorities, his transfer during the currency of such duties without prior approval of the competent Election Authority is contrary to the applicable election instructions and, therefore, liable to be set aside. 5. This Court vide order dated 15.06.2026 directed the State Counsel to get instructions in the matter. 6. Today, instructions dated 16.06.2026 have been supplied to the Court, which are taken on record. UKHC010102292026 2026:UHC:4943 3 On instructions, learned State Counsel submits that since 01.10.2011, petitioner has continuously worked in Tarai East Forest Division, Haldwani. Thus, as on the date of issuance of the impugned transfer order dated 04.06.2026, petitioner had completed approximately 14 years and 8 months of continuous service in Tarai East Forest Division, Haldwani. As per instructions, it has also been informed that petitioner-Sushil Kumar himself made an application on 11.06.2026 stating that, due to an accident, he is unable to work as BLO and, accordingly, he has been relieved from the charge of BLO. In his place, one Satish Nainwal, Assistant Teacher, Government Primary School, Haripur, Jamansingh, Haldwani, was appointed as BLO vide order dated 11.06.2026 passed by the Assistant Electoral Registration Officer/Tehsildar, Haldwani. Thus, the impugned order has been passed after due consideration of all relevant facts. 7. Heard learned counsel for the parties and carefully perused the instructions supplied by learned State Counsel. This Court is of the considered view that the petitioner had been continuously serving in Tarai East Forest Division, Haldwani since 01.10.2011 and, as on the date of issuance of the impugned transfer order dated 04.06.2026, had completed approximately 14 years and 8 months of service at the said station. It has also been informed that petitioner himself sought to be relieved from BLO duties on account of an accident, pursuant to which he was relieved and another teacher was appointed as BLO in his place vide order dated 11.06.2026. The* impugned transfer order has been passed after due consideration of the relevant facts and circumstances and cannot be said to suffer from any UKHC010102292026 2026:UHC:4943 4 illegality, arbitrariness, or procedural irregularity warranting interference by this Court under Article 226 of the Constitution of India. 8. Accordingly, no interference is warranted. The writ petition is dismissed. Interim order dated 15.06.2026 passed by this Court stands vacated. 9. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 17.06.2026 AK