A.S. Gunjiyal vs State of Uttarakhand and another

The petitioner has approached this Court challenging the order dated 29.05.2017, passed by the Principal Secretary, Government of Uttarakhand by which petitioner is transferred from Udham Singh Nagar to Rudraprayag.

We heard Mr. Sanjay Bhatt, learned counsel for the petitioner and Mr. C.S. Rawat, Additional Chief Standing Counsel for the State of Uttarakhand / respondents.

Learned counsel for the petitioner would submit that petitioner has been transferred to Udham Singh Nagar and he has worked at Udham Singh Nagar only for a period of seven months. He would further submit that transfer policy stands violated in so far as it contemplates that the husband and wife who are in Government service should be posted at the same place, and, in terms of said Policy, the petitioner has been transferred to Udham Singh Nagar where his wife is also working. He has also a case that actually petitioner has been transferred to accommodate somebody else of the choice of the respondents. The last contention is sought to be described as an argument which points to malafide.

Per contra, Mr. C.S. Rawat, learned Additional Chief Standing Counsel would submit that originally petitioner was transferred on his request from Champawat to Udham Singh Nagar. According to the learned Counsel for the respondents, it is only due to exigency of service, petitioner has been transferred by the impugned order.

Sans violation of Statute and absent a plea of mala fides, this Court would not interfere with the transfer order. There is no violation of any Statute as such.

As far as plea of mala fide is concerned, apart from the bald allegation that petitioner is transferred only to accommodate somebody else in his place, there is no other acceptable plea of mala fide. So, we find that there is no justification to interfere under Article 226 of the Constitution of India. We only permit the petitioner to represent his grievance before the 1st respondent/Principal Secretary within a period of one week from today. If the petitioner moves representation within a period of one week from today, 1st respondent will consider and take decision within a period of two weeks thereafter in accordance with law.

The writ petition is dismissed. No order as to costs.