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2026 DAILYLAW 8458 (UTT)

SRI SUSHIL KUMAR v. HOFF UTTARAKHAND DEHRADUN

SPA/312/2026 · 2026-07-21

Shri Manoj Kumar Gupta, Subhash Upadhyay

body2026

Judgment text

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UKHC010123802026 2026:UHC:6111-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Special Appeal No.312 of 2026 21st July, 2026 Sri Sushil Kumar -----Appellant Versus HOFF Uttarakhand Dehradun and Others ----Respondents -------------------------------------------------------------------------- Presence:- Mr. Deep Chandra Joshi, learned counsel for the appellant. Mr. B.P.S. Mer, learned Standing Counsel for the State of Uttarakhand/ respondent nos.1 to 3. Mr. Sanjay Bhatt, learned counsel for the State Election Commission/ respondent no.4. -------------------------------------------------------------------------- JUDGMENT : (per Mr. Manoj Kumar Gupta C. J.) 1. Heard learned counsel for the parties. 2. The present intra-court appeal is directed against the order of learned Single Judge dated 17.06.2026 by which he has declined to interfere with the order of transfer of the petitioner / appellant dated 04.06.2026 from Tarai Purvi Van Prabhag, Haldwani to Haldwani Van Prabhag, Haldwani. 3. Learned counsel for the appellant submits that the petitioner has been transferred several times within one year. It is urged that the impugned transfer was in violation of the Transfer Rules. 1 UKHC010123802026 2026:UHC:6111-DB 4. Learned Single Judge has examined the said contention and, having found that the petitioner had remained posted at Tarai East Forest Division Haldwani since 01.10.2011 i.e. for more than 14 years and 8 months, has declined to interfere with the transfer order. 5. The other contention of the appellant, that since he was assigned duties as Booth Level Officer (BLO) for Special Intensive Revision (SIR) of electrical rolls vide order dated 07.05.2026, therefore, he could not have been transferred without the approval of the Election Commission, has been repelled observing that the petitioner himself made request for being relieved from the said duties and considering his request he was relieved from the charge of BLO. In his place one Satish Nainwal, Assistant Teacher, Government Primary School, Haripur, Jamansingh, Haldwani was assigned duties as BLO vide order dated 11.06.2026. 6. It is not disputed before us that the impugned transfer is merely from one Division to another Division within the same district. It is also not disputed that the petitioner had remained posted at Tarai East Forest Division Haldwani since last more than 14 years. 7. In such view of the matter, we find absolutely no ground to interfere with the transfer order or the view taken by the learned Single Judge. 2 UKHC010123802026 2026:UHC:6111-DB 8. The appeal is, accordingly, dismissed. 9. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C. J.) (SUBHASH UPADHYAY, J.) Dated: 21.07.2026 SS 3