LAWS(UTN)-2011-11-79

RAJESH KUMAR Vs. STATE OF UTTARAKHAND AND OTHERS

Decided On November 01, 2011
RAJESH KUMAR Appellant
V/S
State of Uttarakhand and others Respondents

JUDGEMENT

(1.) HEARD Ms. Prabha Naithani, Advocate present for the petitioner and Mr. N.P. Sah, learned Standing Counsel present for the State of Uttarakhand.

(2.) THE petitioner is an employee of Commercial Tax Department. Earlier the petitioner on his own request was transferred on 12.8.2011 from Head Quarters Dehradun to Haridwar.

(3.) THIS Court is not inclined to interfere in the transfer order dated 03.10.2011 as the only ground for challenging the transfer order is that the transfer order does not disclose whether the petitioner has not been transferred in public interest or on administrative ground. In fact the order does not assign any reason. The transfer is an exigency of service and there are very limited grounds to challenge the same, which is when the transfer order is in violation of the statutory rules or it is without jurisdiction or which suffers from mala fide. In fact none of the grounds have been taken. Transfer order has been challenged only on the ground as stated above. As such, this Court is not inclined to interfere in the matter.