Uttarakhand High Court
WPSB/285/2010 of DR. AJAY MOHAN AGARWAL Vs STATE OF UTTARAKHAND and OTHERS on 30 December 2010
COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 285 of 2010 (S/B) Dr. Ajay Mohan Agarwal ……… Petitioner Versus State of Uttarakhand and others ……… Respondents Mr. D.S. Patni, Advocate for the petitioner. Mr. K.P. Upadhyaya, Addl. Chief Standing
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Conclusion
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 285 of 2010 (S/B)
Dr. Ajay Mohan Agarwal
Versus
……… Petitioner
State of Uttarakhand and others
……… Respondents
Mr. D.S. Patni, Advocate for the petitioner. Mr. K.P. Upadhyaya, Addl. Chief Standing Counsel (Govt. of Uttarakhand) for respondent Nos. 1 to 4.
Date of Judgment: 30.12.2010
JUDGMENT
Coram: Hon’ble Barin Ghosh, C.J.Hon’ble V.K. Bist, J.
BARIN GHOSH, C.J. (ORAL)
Counter affidavit to the writ petition has been filed in Court today, which is kept with the record.
2. From the counter affidavit, it appears that the transfer order impugned has been passed by an authority not competent to transfer the petitioner. On that ground alone, the transfer order is interfereable. However, no purpose would be served by interfering with the transfer order, in as much as by an order dated 14[th] December, 2010 the petitioner has been relieved for enabling him to join the services of the State of Uttar Pradesh, since he has been finally allocated to the State of Uttar Pradesh.
3. However, the order of transfer appears to be stigmatized and, accordingly, all the insinuations contained therein are quashed. The writ petition is, accordingly, disposed of. It is made clear that we have not gone into the validity of relieving order.
Amit
(V.K. Bist, J.)
30.12.2010
(Barin Ghosh, C.J.) 30.12.2010