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2007 Supreme(All) 635

RAJEEV GUPTA
ALOK TIWARI – Appellant
Versus
STATE OF UTTARANCHAL – Respondent


Advocates:
BINA PANDEY, SUBHASH UPADHYA,

RAJEEV GUPTA, C. J.

Smt. Bina Pande, Advocate for the petitioner.

Sri Subhash Upadhyaya, Standing Counsel for the respondents.

They are heard on admission.

2. Petitioner Dr. Alok Tiwari has filed this writ petition for the following reliefs :

" (i) Issue a writ, rule order or direc tion in the nature of CERT1o-RAR1 quashing the impugned transfer order dated 19-12-2006 and relieving orders dated 29-12-2006 & 08-01-2007 passed by respondent no. 2 & 4 respec tively.

(ii) Issue a writ, rule order or direc tion in the nature of MANDAMUS commanding and directing the respondents not to interfere in the peaceful func tioning of the petitioner as Medi cal Officer Incharge in PHC Belda, Roorkee, District Haridwar and pay him salary regularly.

(iii) Issue any other order or direction which this Honbie Court may deem fit and proper under the circumstances of the case.

(iv) Award the cost of the petition in favour of the petitioner. "

3. The petitioner, in substance, is challenging his transfer from P. H. C. Belda, Roorkee, District Haridwar to Base Hospital, Srinagar, Pauri Garhwal vide impugned order dated 19-12-2006.

4. It is not in dispute that the peti tioner in pursuance of the transfer orde













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