DINESH CHANDRA TEWARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioner is working in Vigilance Office of S.P. Vigilance, Haldwani as an Inspector. He is aggrieved by an impugned transfer order dated 04.03.2014 by which he has been transferred from the Vigilance Department to C.B., C.I.D Department, though in the same town of Haldwani.

(2.) WHEN this writ petition was filed before this Court learned counsel for the petitioner prayed for staying the operation and effect of the impugned transfer order dated 04.03.2014, but this Court declined to interfere with the same. Thereafter, the petitioner filed a Special Appeal before the Division Bench of this Court, which has been disposed of by this Court vide order dated 23.04.2014 by passing the following order: -

(3.) SINCE , the matter has come up before this Court and a counter affidavit has been filed, therefore, the matter is heard finally today itself. Much reliance has been taken by the petitioner on a Government Order dated 20.09.2007 of which a reference has also been given by the Division Bench in its order dated 23.04.2014 by which a person must stay for a period of three years in the given place. However, this is only a Government Order and the instructions contained therein are not mandatory but only directory in nature. Moreover, Uttarakhand Government itself has framed its Act which is known as "Uttarakhand Police Act 2007" wherein Section 28 of the Act relating to the posting of Police Officer, which read as under: -