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2026 DAILYLAW 7476 (UTT)

KAMLESH PANDEY v. STATE OF UTTARAKHAND

WPSB/71/2024 · 2026-07-02

Manoj Kumar Tiwari, Pankaj Purohit

body2026

Judgment text

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UKHC010024812024 2026:UHC:5306-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/71/2024 Kamlesh Pandey --Petitioner Versus State Of Uttarakhand & Others --Respondents Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J. Mr. Anil K. Bisht, Advocate, for the petitioner. Mr. S.S. Chaudhary, Standing Counsel, for the State. (2) Petitioner is serving as Executive Engineer in Irrigation Department. He was serving in Irrigation Division, Pithoragarh since 2023. By the impugned order dated 15.2.2024, he was attached till further orders in Irrigation Works Circle, Almora with the stipulation that his salary shall be drawn from the place of his posting i.e. Pithoragarh. This Court, vide order dated 27.2.2024, passed an interim order staying the effect and operation of the attachment order. (3) Learned State Counsel submits that petitioner remained posted at Pithoragarh since 2023 and thus he has completed normal duration of three years, therefore no useful purpose would be served by keeping the writ petition pending. (4) Learned Counsel for the petitioner contended that impugned order has been passed for extraneous reason, on the diktat of some local politician. UKHC010024812024 2026:UHC:5306-DB (5) We find substance in the submission made by learned Counsel for the petitioner that petitioner would have been transferred, but the attachment, in the manner it was done, reflects badly on the petitioner. We, therefore, allow the writ petition and set aside the impugned order. However, competent authority shall be at liberty to pass fresh order of transfer in respect of petitioner. (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 2.7.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C9195 7BE53, cn=PRABODH KUMAR Date: 2026.07.02 18:39:10 +05'30'