ROHITASH SHARMA Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2012-10-114
HIGH COURT OF UTTARAKHAND
Decided on October 30,2012

Rohitash Sharma Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) By means of this petition, the petitioner has challenged the order dated 30.07.2012 passed by Secretary, Urban Development, State of Uttarakhand by which the petitioner has been transferred from Nagar Palika Parishad, Mussoorie to Nagar Palika Parishad, Almora.
(2.) The petitioner is Executive Officer, Nagar Palika Parishad, Mussoorie, who happens to be a Class-III employee of the State of Uttarakhand. On 05.07.2010, the petitioner was transferred from the post of Assistant Director, Directorate of Urban Development to the post of Executive Officer, Nagar Palika Parishad, Mussoorie. Thereafter, on 24.02.2012 he was transferred to Nagar Panchayat, Nandprayag, District Chamoli. The said order was challenged on the ground that Executive Officers at these two different places are distinct as pay-scale of Executive Officer, Nagar Palika Parishad, Mussoorie, where the petitioner is working, carries pay-scale of Rs. 5000-8000, whereas the pay-scale of Executive Officer, 2 Nagar Panchayat, Nandprayag is Rs. 3200-4900. The said transfer order was stayed by this Court on 05.03.2012 in Writ Petition No. 242 of 2012. Subsequently, on 04.06.2012, the authority concerned itself cancelled the transfer order dated 24.02.2012. Thereafter, on 01.05.2012 the petitioner was suspended by the Director, Urban Development. Suspension order was challenged in Writ Petition On 656 (SS) of 2012 and was stayed by this Court on 22.05.2012. Now vide order dated 30.07.2012, the petitioner has been transferred to Nagar Palika Parishad, Almora.
(3.) Shri V.B.S. Negi, learned Senior Advocate appearing for the petitioner submitted that there is no allegation in the transfer order that the petitioner has committed any irregularity rather allegation is against the establishment which is the Nagar Palika Parishad. He submitted that in the present matter, the vigilance enquiry is to be held against the organization and not against the petitioner. Moreover, till date no Notification, Government Order or any Executive Instruction has been passed by the State Government initiating vigilance enquiry against the Nagar Palika Parishad, Mussoorie. He then submitted that no prima-facie satisfaction, upon due verification and confirmation, is arrived at and duly recorded by the respondents before effecting the transfer order on administrative ground, hence the transfer order deserves to be set-aside in view of the judgment of Full Bench of this Court in Smt. Damyanti Bisht vs. State of Uttarakhand and others, 2008 2 UD 517. Learned Senior Advocate for the petitioner submitted that in Public Interest Petition No. 94 of 2011, the Division Bench of this Court passed order on 14.12.2011 directing 3 the Central Bureau of Investigation, Dehradun to enquire into the matters pertaining to the affairs of the Municipality, Mussoorie and each of its officer, and in particular in the matter of their conduct in relation to the affairs of the Municipality to purporting to discharge functions of the Municipality and also to ascertain what steps are to be taken to remedy the matters complained of. But the said order was stayed by the Supreme Court on 30.01.2012 in Special Leave to Appeal No. 734 of 2012- filed by Nagar Palika Parishad, Mussoorie. Shri V.B.S. Negi, Senior Advocate contended that State Government was not justified in ordering vigilance enquiry, particularly when the matter is already pending before the Supreme Court.;


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