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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Ramesh Kumar Tiwari - Appellant
Versus
State Of Uttarakhand & Ors. - Respondents
Writ Petition (S/S) No. 1694 of 2021
Decided On : 28-12-2021
Transfer - Violation of Provisions - Uttarakhand Annual Transfer For Public Servant Act, 2017, Section 7(d)
Fact of the Case:
The petitioner, a Computer Operator, challenged his transfer to Ranikhet citing violation of the Uttarakhand Annual Transfer For Public Servant Act, 2017, and a Government Order prohibiting transfers during a specific period.
Finding of the Court:
The court directed the Chief General Manager to consider the petitioner's representation and make a decision within six weeks, maintaining the status quo of the petitioner's posting until then.
Issues: Violation of transfer provisions, consideration of petitioner's representation
Ratio Decidendi: The court emphasized the need for the Chief General Manager to adhere to the law and make a decision on the petitioner's representation within the specified time frame.
Final Decision: The writ petition was disposed of with a direction to the Chief General Manager to consider the petitioner's representation and make a decision within six weeks, maintaining the status quo of the petitioner's posting until then.
JUDGMENT
Manoj Kumar Tiwari, J. - Petitioner is serving as Computer Operator in the Office of Executive Engineer, Uttarakhand Jal Sansthan, Rudrapur. He is aggrieved by his transfer to Ranikhet vide order dated 14.12.2021.
2. According to the petitioner, his transfer is bad, as it is in violation of provisions contained in Uttarakhand Annual Transfer For Public Servant Act, 2017, particularly, Section 7(d) thereof.
3. Mr. Mani Kumar, learned counsel appearing for petitioner has also relied upon Government Order dated 24.05.2021, wherein it is provided that no transfer shall be made during the year 2020-21.
4. Learned counsel for the petitioner, after arguing for a while, confines his prayer and submits that Chief General Manager, Uttarakhand Jal Sansthan, Dehradun be asked to take decision on petitioner's representation dated 17.12.2021 within some stipulated time frame.
5. Accordingly, the writ petition is disposed of with a direction to Chief General Manager (respondent No. 1) to consider petitioner's representation dated 17.12.2021 and take appropriate decision, as per law, within six weeks from the date of production of certified copy of this order along with copy of representation. Till decision on petitioner's representation, status quo qua petitioner's posting, shall be maintained.
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