MANJU KANNOJIA Vs. STATE

JUDGEMENT

(1.) Writ Petitioner was transferred on administrative ground. When the writ petition was considered by this Court on 8th July 2008, a larger Bench of this Court was considering, whether on administrative ground a transfer can be effected? In that view of the matter, by an order dated 8th July 2008, transfer of the Petitioner was stayed.

(2.) The State has filed an application for vacation of the said interim order. That application has been listed today alongwith the writ petition. By consent of the parties, the writ petition is taken up for consideration.

(3.) The Full Bench of this Court in the case of Smt. Damyanti Bisht v. State of Uttarakhand and Ors., 2008 2 UD 517, has held that transfer on administrative ground is permissible. The Full Bench has also taken note of the fact that in the matter of applying administrative ground for transfer, the State has also given guidelines. Therefore, there is no unbridled power to effect transfer on administrative ground. As a consequence thereof, when an order is passed transferring a person on administrative ground, it must be deemed, unless contrary is proved, that the administrative ground has been taken recourse to within the four corners of the guidelines given by the State. There is, therefore, hardly any scope of passing an interim order restraining a transfer order on administrative ground, unless it is shown and established at the threshold that in the matter of the impugned transfer order the guidelines have not been followed.