VINOD KUMAR SINGH-II Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-7-62
HIGH COURT OF UTTARAKHAND
Decided on July 01,2013

Vinod Kumar Singh -Ii Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

BARIN GHOSH,.J. - (1.) PETITIONER was transferred by an order dated 15th July, 2011 on administrative ground. As entitled to him, he made a representation to the State Government against the said order of transfer. Considering the representation of the petitioner, the State Government, by an order dated 25th August, 2011, cancelled the said transfer order dated 15th July, 2011. Soon thereafter, the Principal Chief Conservator of Forests, respondent No.2, issued an order dated 12th October, 2011, and thereby, directed that an adverse entry be placed in the annual confidential report of the petitioner for the petitioner was successful in getting his transfer order dated 15th July, 2011 cancelled. Because of the said order dated 12th October, 2011 recording an adverse entry in the annual confidential report of the petitioner, he has been transferred by an order dated 18th October, 2011. In the writ petition, petitioner has challenged the order dated 12th October, 2011 directing recording of adverse entry in his annual confidential report as also the transfer order dated 18th October, 2011. By an order dated 20th October, 2011, this Court stayed the impugned order of transfer dated 18th October, 2011 as also operation of the adverse entry recorded pursuant to the order dated 12th October, 2011. The State Government has filed affidavits and has also filed an independent application seeking permission to effect annual transfer of the petitioner. The fact remains that the State Government, in its wisdom has cancelled the transfer order on the basis of the representation made by the petitioner. Because the State Government has cancelled the said transfer order, an employee of the State Government as that of the Principal Chief Conservator of Forests could not direct an adverse entry to be recorded in the annual confidential report of the petitioner.
(2.) WE , accordingly, set aside the order of the Principal Chief Conservator of Forests dated 12th October, 2011 directing recording of an adverse entry in the annual confidential report of the petitioner for the petitioner was successful in obtaining his transfer order dated 15th July, 2011 to be cancelled by the State Government, as also the adverse entry, if any, as has been recorded in the annual confidential report of the petitioner on the basis of the said order dated 12th October, 2011. We direct the State Government to deface the said adverse entry, if already recorded. Inasmuch as, the reason for the transfer order dated 18th October, 2011 was that adverse entry to be recorded in the annual confidential report of the petitioner, the transfer order dated 18th October, 2011 is no longer sustainable, inasmuch as, the said adverse entry has already been directed to be defaced.
(3.) IN the circumstances, the writ petition is allowed. The order of the Principal Chief Conservator of Forests dated 12th October, 2011 as well as the adverse entry and the transfer order dated 18th October, 2011 are quashed. It is made clear that this judgment will not stand in the way of the State Government effecting annual transfer of the petitioner.;


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