Uttarakhand High Court
Dharmendra Singh Rawat vs State Of Uttarakhand & Others on 9 July, 2015
Author: Servesh Kumar Gupta
Bench: Servesh Kumar Gupta
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No. 1297/2015
Dharmendra Singh Rawat ........Petitioner
Versus
State of Uttarakhand & Others .....Respondents
Mr. Amar Shukla & Mr. B.M. Pingal, Advocates, for the petitioner.
Mr. B.D. Kandpal, Deputy Advocate General, assisted by Mr. Sayyed
Nadim, Standing Counsel for the State/respondents 1 to 3.
Mr. Siddhartha Sah, Advocate, for the caveator/respondent 5.
July 9, 2015
Hon'ble Servesh Kumar Gupta, J.
Having heard learned Counsel of the petitioner, learned Deputy Advocate General for the State as well as learned Counsel for the respondent no. 5, it transpires that pursuant to the order dated 7.11.2014 of the Director, Audit and Accounts, Uttarakhand, the petitioner was working as Assistant Accounts Officer/Financial Adviser in the District Panchayat, Dehradun. Vide order dated 26.6.2015, issued by the Additional Chief Secretary Mr. Rakesh Sharma, petitioner was transferred on the post of Financial Adviser in District Panchayat, Uttarkashi. By the same order, one Mr. Vinod Kumar (respondent 5), who was working as Financial Adviser in the District Panchayat, Uttarkashi, was transferred on the post of Assistant Accounts Officer in the office of Directorate, Tourism at Dehradun.
It is stated by learned Counsel of the petitioner that vide a separate order, one Mr. Farswan was transferred in place of petitioner to work as Assistant Accounts Officer/Financial Adviser in the District Panchayat, Dehradun and Mr. Farswan has also assumed charge of such post in the said office.
Pursuant to the order dated 26.6.2015, petitioner was relieved from Dehradun in the Forenoon of 27.6.2015 and presented himself in Uttarkashi for joining 2 in the Afternoon of that very day/date i.e. 27.6.2015. However, he was not permitted to join there on the transferred post.
Meanwhile, Mr. Vinod Kumar, who had to move from Uttarkashi to Dehradun, approached the Chief Minister on the strength of the recommendations of Smt. Jashoda Rana, the Chairperson, District Panchayat, Uttarkashi, and Hon'ble Chief Minister directed the Additional Chief Secretary to cancel the transfer of respondent no. 5 Mr. Vinod Kumar. So, pursuant to the directions of Hon'ble Chief Minister, Additional Chief Secretary issued another order dated 4.7.2015 (Annexure 13 to the petition) cancelling the transfer of Vinod Kumar.
In the given situation, Vinod Kumar is continuing as Financial Adviser in District Panchayat, Uttarkashi, while the petitioner Dharmendra Singh Rawat is in limbo because he has been relieved from Dehradun, but not being permitted to take charge in Uttarkashi.
Learned Counsel on behalf of respondent no. 5 seeks three days' time to file counter affidavit.
Learned Deputy Advocate General also submits that he will obtain the narratives of the Government in this regard by 15.7.2015 and apprise the Court on the next date of listing.
List this matter on 15th July 2015 as fresh. Respondent no. 5 shall file his counter affidavit by 14th July 2015.
(Servesh Kumar Gupta, J.) Prabodh