WPSB/421/2012 of SHER SINGH AIRORA Vs STATE OF UTTARAKHAND and OTHERS on 31 December 2012

Conclusion

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 421 of 2012 (S/B)

Sher Singh Airora

…..…. Petitioner

Versus

State of Uttarakhand and others

….…..Respondents

Mr. Manoj Tiwari, Senior Advocate assisted by Mr. Sandeep Adhikari, Advocate for the petitioner. Mr. N.S. Pundir, Brief Holder for the State of Uttarakhand / respondents.

Coram : Hon’ble Barin Ghosh, C. J.Hon’ble U.C. Dhyani, J.

Barin Ghosh, C.J. (Oral)

No counter affidavit has been filed. The fact that the petitioner was transferred within two years from his last transfer is not in dispute. That the transfer was shown to be a regular transfer and not a transfer on exigency of service or in public interest is also not in dispute. The transfer order, therefore, is in violation of the transfer policy.

2. In the circumstances, the writ petition is allowed by quashing the order of transfer.

(U.C. Dhyani, J.) (Barin Ghosh, C.J.)

31.12.2012 31.12.2012

Rathour