Rampal vs State Of Uttarakhand & Anr

Lok Pal Singh, J

Petitioner has approached this Court seeking the following reliefs:-

i) Issue a writ, order or direction in the nature of certiorari quashing the impugned transfer order dated 31.08.2019 (Annexure No.-4 of the writ petition) as far it relates to the petitioner.

ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to disturb the functioning of petitioner as Prayavaran Mitra/Cleaner, CHC Kapkot, District Bageshwar.

Learned counsel for the petitioner would submit that the impugned order of transfer suffers from with mala fide as the same has been passed contrary to the provisions of the Uttarakhand Annual Transfer for Public Servants Act, 2017 (for short, the Act). Learned counsel for the petitioner would further submit that similar controversy arose before the Division Bench of this Court in WPSB No.401 of 2019, wherein the Division Bench, has quashed the transfer order on the ground of non-compliance of Section 18(4) and 18(5) of the Act. Relevant portion of the judgment dated 27.08.2019 is reproduced as under:-

"6. While the impugned order or transfer expressly states that the transfer is made on administrative grounds, it is evident that the requirement of the proviso to Section 18(4), of administrative grounds being mentioned in the order, has not been complied with. Since the impugned order only refers to "administrative grounds", and does not specify what those administrative grounds are, the impugned order, to the extent the petitioner herein is concerned, is quashed. Needless to state that this order shall not disable the respondents from effecting transfer afresh on administrative grounds after complying with the provisos to Section 18(4) & (5) of the 2017 Act, and in accordance with law.

The writ petition stands disposed of accordingly. No costs."

Having heard learned counsel for the parties and perused the material available on file as well as having gone through the judgment of Division Bench dated 27.08.2019, this Court finds that the ratio of the judgment dated 27.8.2019 is applicable to the facts and circumstances of the present case. In the present case, the impugned transfer order has been passed stating that transfer is being effected on administrative grounds keeping in mind the public interest but it does not specify as to what public interest. Moreso, the impugned order has also been passed in violation of principles of natural justice. Before passing of the impugned order, no opportunity of hearing was provided to the petitioner, and merely on the basis of a complaint, impugned order of transfer has been passed against the petitioner. In such circumstances, impugned order is liable to be set aside qua the petitioner.

In view of the above, writ petition is allowed. Impugned transfer order dated 31.08.2019 is hereby quashed qua the petitioner only. However, the respondents would be at liberty to pass a fresh transfer order in accordance with law.

No order as to costs.