Uttarakhand High Court
WPSS/3357/2018 on 27 September, 2018
Author: V.K. Bist
Bench: V.K. Bist
Interim Relief Application No. 15044 of 2018 In WPSS No. 3357 of 2018 Hon'ble V.K. Bist, J.
Mr. K. P. Upadhyaya, Advocate for the petitioner.
Mr. Pankaj Purohit, Deputy Advocate General for the State of Uttarakhand/ respondents.
Heard learned counsel for the parties.
Admit.
List this matter on 27.10.2018. By that time, counter affidavit be filed by the respondents.
Also heard on stay application. Contention of learned counsel for the petitioner is that the order impugned has been passed in violation of Section 21(3) of the Transfer Act, which provides that after the last date of transfer, transfer of an incumbent can be done by the officer higher in rank than the officer who is competent to transfer an incumbent.
In the present case, the competent officer is the Director General, Medical, Health and Family Welfare, Uttarakhand. As per Section 21(3) of the Transfer Act, the transfer order could be passed by the Secretary of the department; but, in the case of the petitioner, the impugned order has been passed by the Director General, Medical Health and Family Welfare, Uttarakhand.
Considering the submission advanced by the learned counsel for the parties, it is directed that, till the next date of listing, effect and operation of the impugned order dated 19.09.2018 passed by the respondent no. 2 shall remain stayed.
Interim relief application stands disposed of.
(V.K. Bist, J.) 27.09.2018 Navin