JAGAT RAM JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) On 24th July 2009, the petitioner was transferred from 40th Battalion, P.A.C., Haridwar to Additional Superintendent of Police, Dehradun. By an order dated 13th July 2010, in public interest, 6 Additional Superintendents of Police were transferred. Petitioner was one of them. The second person in the transfer order was sought to be transferred from Haridwar to replace the petitioner. The third person, who was attached to Kumbh Mela, was transferred to Dehradun. The fourth person, who was in the Vigilance Department at Dehradun, was transferred to Rishikesh. The fifth person, who was attached to the Police Headquarters at Dehradun, was transferred to Haridwar to replace the second person in the list. The sixth person was transferred from Dehradun to Dehradun.

(2.) Since this transfer dated 13th July 2010 was effected before expiry of two years of stay of the petitioner at Dehradun, the petitioner made a representation. In that, he stated that having had brought his family to Dehradun about 10 months back, it would not be possible for him to take his family to his transferred post. In that representation, he made a request for recalling of the said transfer order, in so far as he is concerned. In that, he stated that on 11th July 2010, an incident took place, which incident was brought under control by his active participation, but in course thereof, he had altercation with a person named in the said representation. He said that the said incident cannot be taken as an instrument to effect the transfer against which he was making the representation.

(3.) Before the representation could be considered, the present writ petition was filed.