SUMAN RANA Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) Delay Condonation Application No. 6909 of 2011.

(2.) COUNTER affidavit filed beyond time by the State is kept with the record. The Application, made there for, is disposed of.

(3.) INASMUCH as, in the order of transfer, it has not been stated that the same is being issued in public interest or on administrative ground, this Court, on 8th June, 2011, directed the order of transfer to remain stayed till the next date of listing. That an order is being issued in public interest or on administrative ground is required to be written in the order, itself, has not been established in the writ petition. We have not been shown any directive, whereby the authority, competent to transfer, is obliged to record the same in the transfer order. That being the situation, it must be deemed that the order was in public interest and / or on administrative ground, as the law requires to proceed on the basis that an officer of the Government, discharging Government duties and functions, discharges the same in accordance with law, unless contrary is proved.