DEEWAN SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Petitioner is serving as Enforcement Constable in Transport Department of the State, who has been transferred from Haridwar to Uttarkashi vide letter dated 05.07.2018. Aggrieved by his transfer, petitioner has approached this Court.

(2.) The first and foremost contention of the petitioner is that his transfer is in violation of provision of Transfer Act, 2017. According to learned counsel for the petitioner, Section 23(9) lays down a time-table, as per Section 23 of the Act, where last date of issuing transfer order is 10th June. Learned counsel for the petitioner further submits that the State Government, in exercise of power under Section 27 of Transfer Act, has issued a Government Order dated 25.05.2018, which provides that not more than 10 percent of the cadre strength should be transferred and he submits that this Government Order has also been violated, while transferring the petitioner.

(3.) Since transfer is an exigency of service and this Court does not find the ground, raised by the petitioner, sufficient for interfering with the transfer order, therefore, this Court is not inclined to interfere in the matter. However, it shall be open to the petitioner to make representation before respondent No. 2 Assistant Transport Commissioner, Uttarakhand, Dehradun within a week from today. If such a representation is made, the Assistant Transport Commissioner shall look into the matter and pass a reasoned and speaking order, within three weeks thereafter. Till decision on petitioner's representation, his transfer shall be kept in abeyance.