TARA DUTT UPADHYAY v. STATE OF UTTARAKHAND
Court: High Court of Uttarakhand
Bench: HON'BLE MR. JUSTICE MANOJ KUMAR TIWARI
Judgment date:
Case summary
High Court of Uttarakhand judgment dated 2025-11-13. TARA DUTT UPADHYAY v. STATE OF UTTARAKHAND. Read the judgment and case details on LawSphereX.
Judgment text
Of f i ce N o t e s, r e p o r t s, o r d e r s o r p r o ce e d i n g s SL. D a t e o r d i r e ct i o n s COU RT’ S OR JU D GE’ S ORD ERS N o . a n d Re g i s t r a r ’ s o r d e r w i t h Si g n a t u r e s W PSS 1 5 9 0 / 2 0 2 3 H o n ’ b l e M a n o j K u m a r Ti w a r i , J. Mr. Mukul Dangi, Advocat e, for t he pet it ioner. Mr. Narayan Dat t , St anding Counsel, for t he St at e. ( 2) Pet it ioner is serving as Revenue Peon in Dist rict Pit horagarh. He was t ransferred from Tehsil Ganai Gangoli t o Tehsil Gangolihat , vide order dat ed 10. 8. 2023. Thus feeling aggrieved, he has filed t his writ pet it ion. ( 3) Pet it ioner cont ends t hat SDM is not com pet ent for passing t he t ransfer order; pet it ioner was t ransferred w it hin a year of his post ing at Ganai Gangoli and t he order of t ransfer is act uat ed w it h m alice.
Pet it ioner has also relied upon Sect ion 21( 2) of t he Transfer Act , which, according t o him , was violat ed while passing t he t ransfer order. ( 4) Learned St at e Counsel, per cont ra, subm it s t hat as per t he Governm ent Order dat ed 12. 1. 1976, SDM is com pet ent not only t o t ransfer Group ‘D’ em ployees but also t o appoint and punish t hem . He furt her subm it s t hat t here were com plaint s against t he pet it ioner t hat he used t o disobey t he orders passed by t he superior aut horit ies, t herefore his t ransfer was necessit at ed in order t o m aint ain discipline in t he organisat ion. ( 5) Coordinat e Bench vide order dat ed 1. 9. 2023 had grant ed int erim order in favour of t he pet it ioner, pursuant t o which he is st ill cont inuing at Ganai Gangoli. This Court t hinks t hat no useful purpose would be served by keeping t he writ pet it ion pending.
Writ pet it ion is, accordingly, disposed of wit h libert y t o t he pet it ioner t o approach t he SDM concerned by m aking a represent at ion. I f he m akes represent at ion w it hin one week from t oday, SDM concerned shall t ake decision t hereupon wit hin t hree weeks t hereaft er. For a period of four weeks or t ill decision is t aken, whichever is earlier, t here shall be st at us quo qua t he present place of post ing of t he pet it ioner. ( M a n o j K u m a r Ti w a r i , J. ) 1 3 . 1 1 . 2 0 2 5 Pr PRABODH KUMAR Digitally signed by PRABODH KUMARDN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2. 5. 4. 20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001,st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMARDate: 2025. 11. 14 10:30:06 +05'30'
Source: High Court of Uttarakhand. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.