SHIV RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD.

(2.) THIS appeal is directed against the order dated 15.02.2011 passed by learned Single Judge of this Court in writ petition no.117 (S/S) of 2011 whereby the writ petition filed by the appellant was dismissed summarily.

(3.) HOWEVER, on perusal of the papers on record, there appears no such order, which shows that to accommodate Constable Prem Singh, writ petitioner Shiv Ram was transferred. In Para 14 of the writ petition, it is admitted that out of seven posts, three posts of Head Constable were already lying vacant, in such circumstances, it cannot be said that the respondent no.4 was transferred against the post occupied by the writ petitioner. Learned Single Judge of this Court has dismissed the writ petition observing that the writ petitioner had no indefeasible right to remain in the Bomb Disposal Squad. As to the exigency of the service, it is the authority concerned who has to see where it needs service of its employee.