RAJEEV MOHAN SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present petition has been preferred by the petitioner since he was aggrieved by the transfer of Respondent No. 4 vide order dtd. 7/1/2022 to Government Veterinary Hospital, Subhash Nagar, Dehradun on the post held by him. The case of the petitioner is that his young daughter died in her college premises. After investigation, a case under Sec. 306 IPC was registered. The petitioner has narrated that two Special Investigation Teams were constituted to carry out the investigation. Thereafter, the case was also handed over to the CBI. The issue whether it is a case under Sec. 306 IPC, or 302 IPC involving other students and administration of the college is still pending consideration. With a view to enable the petitioner to pursue the case, the respondent/administration had initially passed an order on 24/11/2020, which reads as follows:

(2.) The petitioner is aggrieved since respondent no. 4 was transferred vide order dtd. 7/1/2022, and he was instructed to occupy the post on which the petitioner was attached at Government Veterinary Hospital, Subhash Nagar, Dehradun. The case of the petitioner is that the respondent, however, did not terminate his attachment on the said post. The petitioner approached this Court by filing this writ petition, wherein on 28/3/2022, this Court directed maintenance of status quo, qua posting of the petitioner. The effect and operation of the impugned order dtd. 7/1/2022 was stayed by this Court on 4/4/2022. That position continues till date.

(3.) The submission of the learned counsel for the respondents/State that since the petitioner cannot be allowed to continue to remain attach to the same post indefinitely, the respondent/State has revoked the attachment of the petitioner vide order dtd. 9/5/2022. However, the said order is not given effect to in the light of the order passed by this Court.