ALOK TIWARI Vs. STATE OF UTTARANCHAL
LAWS(ALL)-2007-3-251
HIGH COURT OF ALLAHABAD
Decided on March 14,2007

ALOK TIWARI Appellant
VERSUS
STATE OF UTTARANCHAL Respondents

JUDGEMENT

- (1.) RAJEEV Gupta, C. J. Smt. Bina Pande, Advocate for the petitioner. Sri Subhash Upadhyaya, Standing Counsel for the respondents. They are heard on admission.
(2.) PETITIONER Dr. Alok Tiwari has filed this writ petition for the following reliefs : " (i) Issue a writ, rule order or direc tion in the nature of CERT1o-RAR1 quashing the impugned transfer order dated 19-12-2006 and relieving orders dated 29-12-2006 and 08-01-2007 passed by respondent no. 2 and 4 respec tively. (ii) Issue a writ, rule order or direc tion in the nature of MANDAMUS commanding and directing the respondents not to interfere in the peaceful func tioning of the petitioner as Medi cal Officer Incharge in PHC Belda, Roorkee, District Haridwar and pay him salary regularly. (iii) Issue any other order or direction which this Hon'bie Court may deem fit and proper under the circumstances of the case. (iv) Award the cost of the petition in favour of the petitioner. " The petitioner, in substance, is challenging his transfer from P. H. C. Belda, Roorkee, District Haridwar to Base Hospital, Srinagar, Pauri Garhwal vide impugned order dated 19-12-2006. It is not in dispute that the peti tioner in pursuance of the transfer order dated 19-12-2006 was relieved vide or ders dated 29-12-2006 / 08-01-2007.
(3.) SMT. Bina Pande, the learned counsel for the petitioner, vehemently-argued that the petitioner has been transferred malafidely; the petitioner's transfer is in breach of the transfer policy; and the mention in the petitioner's transfer order that the petitioner has been transferred on administrative ground will adversely affect his future career as it would be entered in his serv ice records that he was transferred on administrative ground. Sri Subhash Upadhyaya, the learned Standing Counsel while counter ing the above submissions of the learned counsel for the petitioner has submitted that the petitioner in his writ petition has not attributed any malafides to any of the officers responsible for passing the petitioner's transfer order; the petition er's transfer order does not violate any of the provisions of the transfer policy; and the fact that a Government servant is transferred on administrative ground is never recorded in his service record and as such the petitioner's apprehen sion that his transfer on administrative ground would adversely affect his future career is only imaginary.;


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