Deewan Singh vs State of Uttarakhand & others

MANOJ K. TIWARI, J. (ORAL)

Petitioner is serving as Enforcement Constable in Transport Department of the State, who has been transferred from Haridwar to Uttarkashi vide

letter dated 05.07.2018. Aggrieved by his transfer, petitioner has approached this Court.

The first and foremost contention of the petitioner is that his transfer is in violation of provision of Transfer Act, 2017. According to learned counsel

for the petitioner, Section 23(9) lays down a time-table, as per Section 23 of the Act, where last date of issuing transfer order is 10th June. Learned

counsel for the petitioner further submits that the State Government, in exercise of power under Section 27 of Transfer Act, has issued a Government

Order dated 25.05.2018, which provides that not more than 10 percent of the cadre strength should be transferred and he submits that this

Government Order has also been violated, while transferring the petitioner.

Since transfer is an exigency of service and this Court does not find the ground, raised by the petitioner, sufficient for interfering with the transfer

order, therefore, this Court is not inclined to interfere in the matter. However, it shall be open to the petitioner to make representation before

respondent No. 2 â€" Assistant Transport Commissioner, Uttarakhand, Dehradun within a week from today. If such a representation is made, the

Assistant Transport Commissioner shall look into the matter and pass a reasoned and speaking order, within three weeks thereafter. Till decision on

petitioner’s representation, his transfer shall be kept in abeyance.

With the aforesaid observation, writ petition stands disposed of.

Let certified copy of this order be supplied to the petitioner today itself on payment of usual charges.