The High Court quashed a transfer order passed against a petitioner Constable involving only a matrimonial dispute without assigning valid administrative reasons, violating legal requirements for administrative transfers.
The impugned transfer order dated 19.11.2013 was quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 1869 OF 2013
Athelesh Kumar Agari … Petitioner Vs
State of Uttarakhand & others … Respondents
Mr. Yogesh Pacholia, Advocate, present for the petitioner Mr. B.P.S. Mer, Brief Holder, present for the State of Uttarakhand.
Hon’ble Sudhanshu Dhulia, J. (Oral)
“We, while upholding the aforesaid view, substitute our own opinion by laying down that even though a transfer order on administrative ground per se is not bad in law, no person can be transferred on an administrative ground unless before issuing the
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transfer order, the Authority competent to transfer has arrived at and recorded his satisfaction, upon due verification and confirmation, about the existence and truthfulness of any of the three factors/grounds/considerations warranting the transfer of the person concerned.”
costs.
(Sudhanshu Dhulia, J.)
12.03.2014
ASWAL
2 issues framed by the court
Whether a transfer order on administrative grounds without stating specific reasons satisfying the statutory requirements is valid?
Whether a matrimonial dispute constitutes a valid ground for transferring an employee to a different region?
Colour shows how this judgement treated each authority
Smt. Damyanti Bisht Vs State of Uttarakhand & othersReferred¶8
Smt. Damyanti Bisht Vs State of Uttarakhand & others (Special Appeal No. 143 of 2008) reported in 2008 (2) U.D. 517
Athelesh Kumar Agari
State of Uttarakhand
Sudhanshu Dhulia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
