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2026 DAILYLAW 8931 (UTT)

DR SANJEEV KHARKWAL v. STATE OF UTTARAKHAND

WPSB/464/2026 · 2026-07-24

Manoj Kumar Tiwari, Pankaj Purohit

body2026

Judgment text

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UKHC010127092026 2026:UHC:6305-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 No.464 of 2026 Dr. Sanjeev Kharkwal …………Petitioner Vs. State of Uttarakhand and another …………Respondents Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J. Mr. Sandeep Kothari, learned counsel for the petitioner. 2. Mr. Rajeev Singh Bisht, learned D.A.G. with Mr. B.S. Parihar, learned Addl. C.S.C. and Mr. Gajendra Tripathi, learned S.C. for the State. 3. Petitioner was posted as Additional Chief Medical Officer at Nainital since 2024. He was transferred to Almora as Additional Chief Medical Officer vide order dated 29.06.2026. 4. Petitioner appears to have made a representation against his transfer at Almora and the Competent Authority considered his representation and modified the transfer order and posted petitioner at District Hospital Nainital. 5. Learned counsel for the petitioner contends that since petitioner is an Officer serving in Additional Director’s Grade, therefore he cannot be posted in hospital as Medical Officer. 6. He further contended that petitioner has already served at B.D. Pandey Hospital, Nainital for 12 long years between 2012- 2024, therefore again posting him at Nainital does not stand to reason. 7. Learned counsel for the State however submits that since petitioner had served at Nainital for sufficiently long period of time, therefore in public interest he was transferred to Almora. However the transfer order passed in respect of petitioner was modified in view of the representation made by the petitioner. 8. Learned counsel for the State submits that if petitioner still has any grievance, then he can highlight the same before the UKHC010127092026 2026:UHC:6305-DB Competent Authority. 9. Since transfer is an exigency of service and there is acute shortage of Specialist Doctors especially in hill districts, therefore the State Government can make some adjustments in order to provide quality medical facilities to those living in hill/remote areas. 10. Thus we do not find any reason to interfere with the transfer order questioned in writ petition. 11. The writ petition stands disposed of with liberty to the petitioner to make a representation to the Secretary concerned. If he makes a representation within 24 hours, through E-mail, decision thereupon shall be taken as per law within one week thereafter. 12. For a period of ten days petitioner’s posting shall remain status quo. However if petitioner fails to make representation within 24 hours then he shall not be entitled to any protection of this Court’s order. (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 24.07.2026 24.07.2026 SK SHUBHAM KAPRUWAN Digitally signed by SHUBHAM KAPRUWAN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=a29a2f80b93835a432d093afc472d9355959ee0ff878380c645e17d546a 24821, postalCode=263001, st=UTTARAKHAND, serialNumber=B505B049BA2FDAC35E7AE325DEE1505D6C35AF3D290C229CDC 609D61801E1E4F, cn=SHUBHAM KAPRUWAN Date: 2026.07.28 11:00:13 +05'30'