ISHWARI SINGH RAUTELA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Mr. Sharad Sharma, the learned Senior Counsel duly assisted by Ms. Indu Sharma, the learned Counsel for the petitioner, Mr. D.S. Patni and Mr. A.S. Bisht, the learned Counsel for the respondent Nos. 2 and 3, i.e., the Municipal Board, Nainital and its Chairman and Mr. Subhash Upadhyay, the learned brief holder for the respondent No. 1 and 4, i.e., State of Uttarakhand and the Commissioner, Kumaon Division, Nainital.

(2.) THE petitioner is a Junior Engineer in the Municipal Board, Nainital recently posted on 2nd January, 2009 and by the impugned order dated 1st February, 2010, the petitioner has been transferred to Bageshwar in the same capacity and, by the order of 2nd February, 2010, the petitioner is alleged to have been relieved from Nainital. The petitioner, being aggrieved by the said orders, has filed the present writ petition.

(3.) ON the other hand, Mr. D.S. Patni, the learned Counsel for the Municipal Board submitted that the charges leveled against the petitioner were serious and there were also several complaints against the petitioner. The petitioner was not taking interest in work and was absenting himself and consequently, the Chairman of the Municipal Board recommended that instead of initiating a disciplinary action against him, he should be transferred to Bageshwar. The learned Counsel for the Municipal Board submitted that the transfer order was made in public interest and not on the administrative ground and that the transfer order does not suffer from any error of law. In support of his submission, the learned Counsel for the Municipal Board placed reliance upon a decision of the Division Bench of this Court in the case of S.K. Goel v. State of Uttaranchal and Anr. reported in 2005 (2) U.D. 11 and also relied upon a decision of Full Bench of this Court in the case of Smt. Damyanti Bisht v. State of Uttarakhand and Ors. reported in 2008 (2) U.D. 517, in which it was held that the transfer on administrative ground, which was punitive in nature, should not be interfered in a writ jurisdiction.