ANOOP SEMWAL Vs. EXECUTIVE ENGINEER
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Executive Engineer and Others
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(1.) On 2nd May, 2012, appellant was appointed as a Junior Engineer in Uttarakhand Jal Sansthan and was posted at Dhountri, district Uttarkashi. The probation period of the appellant is continuing. By an order dated 13th December, 2012, he has been transferred from Dhountri to Chinyalisaur. This order has not been passed on administrative ground or in exigency of service and, accordingly, must be deemed to be an ordinary transfer under the policy adopted by the State of Uttarakhand and applicable to Uttarakhand Jal Sansthan. On the ground that this transfer was in violation of the transfer policy, appellant approached this Court by filing a writ petition. When the writ petition was considered by a learned Single Judge, the counsel for the Uttarakhand Jal Sansthan submitted that the transfer was effected in exigency of service. On the basis of such submission made at Bar, the learned Single Judge refused to interfere and, accordingly, dismissed the writ petition without even calling for affidavits. The fact remains that the transfer order did not indicate that the transfer is being effected in exigency of service. The same could not be added from the Bar in the transfer order. Even by filing an affidavit, no improvement could be made. The order, as was impugned by the appellant in the writ petition, being contrary to law, had to go. We, therefore, allow the appeal; set aside the judgment and order under appeal; and, at the same time, allow the writ petition by quashing the impugned transfer order dated 13th December, 2012.;
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