NAND KISHORE Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) By means of the present writ petition, petitioner seeks following relief:

(2.) Petitioner is serving on a Group-B post of Assistant Regional Transport Officer in District Udham Singh Nagar. He has been transferred to District Pithoragarh vide order dated 05.07.2018 passed by Assistant Transport Commissioner, Uttarakhand and by the same order, one Ms. Pooja Nayal has been transferred in his place from District Bageshwar. Feeling aggrieved by the order dated 05.07.2018, petitioner has filed this writ petition.

(3.) It is the contention of learned counsel for the petitioner that Assistant Transport Commissioner, who passed the transfer order, is not competent for the purpose, as he is not the Head of Transport Department. According to him, Transport Commissioner is the Head of State Transport Department, who alone is competent to transfer Assistant Regional Transport Officer from one District to another.