Allowed

Ghanshyam Singh v. State Of Uttarakhand and Others

Uttarakhand HC13 Nov 2014WPSS/1581/2014

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Uttarakhand allowed the appeal against an arbitrary transfer order. The court set aside the order transferring the petitioner to Rudraprayag, noting the lack of application of mind, while retaining the state's right to conduct a departmental inquiry.

What did the court decide?

The order dated 03.09.2014 passed by the Additional Director, Animal Husbandry Department, Garhwal Region, Pauri is set aside.

Ghanshyam Singh Vs State Of Uttarakhand and Others — Service and Employment | Uttarakhand HC (2014)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Writ Petition (S/S) No. 1581 of 2014

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Ghanshyam Singh ….…..Petitioner Versus State of Uttarakhand & others ………Respondents

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Present: Mr. Rajat Mittal, Advocate, present for the petitioner. Mr. R.P. Sharma, learned Brief Holder present for the State/respondents.

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Hon’ble Sudhanshu Dhulia, J. (Oral)

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The petitioner before this Court is an employee of Animal Husbandry Department. He is aggrieved by his transfer order dated 03.09.2014, whereby the earlier transfer order dated 13.08.2014 has been modified and the petitioner has been transferred to Rudraprayag.

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The petitioner worked between 23.09.2011 to 27.05.2014 at Tehri Garhwal and thereafter vide order dated 27.05.2014 he was transferred from Tehri Garhwal to Rudraprayag. According to the petitioner due to his medical condition he made a request for immediate transfer to elsewhere and thereafter vide order dated 13.08.2014 petitioner was transferred to Sultanpur, Haridwar from Kotma, Rudraprayag. Now again an order dated 03.09.2014 has been passed by which petitioner has again been transferred to Makku, Rudraprayag. This is the order by which the petitioner is aggrieved and which has challenged in the present writ petition.

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This Court, vide order dated 26.09.2014, has already stayed the transfer order dated 03.09.2014.

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In the counter affidavit, the State has taken a ground that while the petitioner was posted at Tehri, there

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were many complaints against him pertaining to his work, and moreover there is no person in the department ready to go and work at Rudraprayag, consequently, the petitioner has been transferred to Rudraprayag.

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There is an arbitrariness writ large in the order passed by the respondents, and there is absolutely no application of mind while these orders have been passed. The concerned authority has changed his mind at quick intervals.

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In view thereof, the writ petition is allowed. The order dated 03.09.2014, passed by the Additional Director, Animal Husbandry Department, Garhwal Region, Pauri is hereby set aside.

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It is, however, made clear that in case there is any preliminary finding against the petitioner which requires a detailed inquiry or a departmental inquiry, the respondents are at liberty to proceed against the petitioner in accordance with law.

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No order as to costs.

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(Sudhanshu Dhulia, J.) 13.11.2014

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Ghanshyam Singh v. State Of Uttarakhand and Others

Case brief

What is this about?

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Ghanshyam Singh v. State Of Uttarakhand and Others

Case brief

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