LAWS(UTN)-2010-8-45

MUKHTAR AHMED Vs. STATE OF UTTARAKHAND

Decided On August 03, 2010
MUKHTAR AHMED S/O LATE BASHIR AHMED Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the transfer order dated 5-7- 2010 (contained as Annexure No. 1 to the writ petition) which has been passed by the respondent no.2 on administrative ground.

(2.) Instruction was sought by the learned Brief Holder in the matter. The officer concerned-respondent no.2 is present in person in the Court.

(3.) On the basis of instruction, learned Brief Holder for the respondents has informed the Court that there was some complaint against the petitioner, so that the petitioner was transferred on administrative ground, but before passing the impugned transfer order, no enquiry was made nor any satisfaction, about the existence and truthfulness of the allegations made against the person sought to be transferred, has been recorded by the respondent no. 2 to transfer the petitioner.